16 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,893 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,035 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  3. SRI International v. Matsushita Electric Corp.

    775 F.2d 1107 (Fed. Cir. 1985)   Cited 976 times
    Holding district court erroneously relied on specification in reading limitations from other claims into the disputed claims
  4. Scripps Clinic Research Fdn. v. Genentech

    927 F.2d 1565 (Fed. Cir. 1991)   Cited 448 times   5 Legal Analyses
    Holding that such claims are not limited by the process
  5. Continental Can Co. USA, v. Monsanto Co.

    948 F.2d 1264 (Fed. Cir. 1991)   Cited 327 times   3 Legal Analyses
    Holding that an inherent limitation must be “necessarily present” and cannot be established by “probabilities or possibilities”
  6. Connell v. Sears, Roebuck Co.

    722 F.2d 1542 (Fed. Cir. 1983)   Cited 262 times
    Finding that the "right to exclude recognized in a patent is the essence of the concept of property"
  7. Glaverbel Societe Anonyme v. Northlake Mktg

    45 F.3d 1550 (Fed. Cir. 1995)   Cited 182 times
    Holding that argument is not substitute for evidence to defeat summary judgment
  8. Interconnect Planning Corp. v. Feil

    774 F.2d 1132 (Fed. Cir. 1985)   Cited 174 times   1 Legal Analyses
    Holding "[t]he invention must be viewed not with the blueprint drawn by the inventor, but in the state of the art that existed at the time"
  9. Rockwell International Corp. v. U.S.

    147 F.3d 1358 (Fed. Cir. 1998)   Cited 100 times   1 Legal Analyses
    Holding that summary judgment should be denied where there are "differences in expert opinion" as to what a reference discloses
  10. Diversitech Corp. v. Century Steps, Inc.

    850 F.2d 675 (Fed. Cir. 1988)   Cited 67 times
    Finding estoppel where issued claim was initially dependent on a broader claim that was rejected by the PTO and eventually cancelled
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,261 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,935 times   941 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
  13. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing