23 Cited authorities

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 26,767 times 231 Legal Analyses
Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
Markman v. Westview Instruments, Inc.
517 U.S. 370 (1996) Cited 5,395 times 66 Legal Analyses
Holding that claim construction is a matter of law for the court
Markman v. Westview Instruments, Inc.
52 F.3d 967 (Fed. Cir. 1995) Cited 5,161 times 12 Legal Analyses
Holding that inventor testimony as to "[t]he subjective intent of the inventor when he used a particular term is of little or no probative weight in determining the scope of a claim (except as documented in the prosecution history)."
In re Seagate Technology
497 F.3d 1360 (Fed. Cir. 2007) Cited 801 times 86 Legal Analyses
Holding that an "advice of counsel" defense to willful infringement does not waive the attorney-client privilege as to trial counsel partly because post-filing conduct is usually not relevant to a finding of willful infringement
Hathaway v. Bazany
507 F.3d 312 (5th Cir. 2007) Cited 681 times
Holding that a police officer was justified in using deadly force against a car accelerating toward him
DSU Medical Corp. v. JMS Co.
471 F.3d 1293 (Fed. Cir. 2006) Cited 519 times 27 Legal Analyses
Holding that the record supported jury verdict of no induced infringement where it showed defendant contacted an Australian attorney and "obtained letters from U.S. patent counsel advising that [its product] did not infringe"
Viterbo v. Dow Chemical Co.
826 F.2d 420 (5th Cir. 1987) Cited 679 times 2 Legal Analyses
Holding that expert report was properly excluded by district court because it was based primarily on statements by plaintiff that defendant's product was only possible source of plaintiff's injuries
BIC LEISURE PRODUCTS v. WINDSURFING INTERN
1 F.3d 1214 (Fed. Cir. 1993) Cited 166 times 2 Legal Analyses
Finding that district court did not err in admitting defendant's intervening rights defense, despite the fact that it was not asserted in defendant's pleadings nor litigated during the liability stage of trial
Larez v. Holcomb
16 F.3d 1513 (9th Cir. 1994) Cited 119 times
Holding that appellate court order of new trial on damages warranted vacatur of attorney's fee award and reconsideration of the fee issue by the district court
Upjohn Co. v. Mova Pharmaceutical Corp.
225 F.3d 1306 (Fed. Cir. 2000) Cited 64 times
Holding that inventors' "entire personal knowledge in the field of the invention" was not material
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 27,237 times 273 Legal Analyses
Adopting the Daubert standard
Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Fed. R. Evid. 403 Cited 23,022 times 84 Legal Analyses
Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,753 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,392 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 30 - Depositions by Oral Examination
Fed. R. Civ. P. 30 Cited 16,547 times 131 Legal Analyses
Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
Rule 402 - General Admissibility of Relevant Evidence
Fed. R. Evid. 402 Cited 6,845 times 12 Legal Analyses
Stating that relevant evidence is generally admissible at trial
Rule 408 - Compromise Offers and Negotiations
Fed. R. Evid. 408 Cited 4,338 times 47 Legal Analyses
Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)
Rule 608 - A Witness's Character for Truthfulness or Untruthfulness
Fed. R. Evid. 608 Cited 3,049 times 16 Legal Analyses
Assuming it was otherwise admissible
Section 252 - Effect of reissue
35 U.S.C. § 252 Cited 290 times 22 Legal Analyses
Stating that a reissued patent shall have the same effect as the original patent “in so far as the claims of the original and reissued patents are substantially identical ”

Mass Engineered Design, Inc. et al v. Ergotron, Inc. et al

23 Cited authorities

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Holding that claim construction is a matter of law for the court

Holding that inventor testimony as to "[t]he subjective intent of the inventor when he used a particular term is of little or no probative weight in determining the scope of a claim (except as documented in the prosecution history)."

Holding that an "advice of counsel" defense to willful infringement does not waive the attorney-client privilege as to trial counsel partly because post-filing conduct is usually not relevant to a finding of willful infringement

Holding that a police officer was justified in using deadly force against a car accelerating toward him

Holding that the record supported jury verdict of no induced infringement where it showed defendant contacted an Australian attorney and "obtained letters from U.S. patent counsel advising that [its product] did not infringe"

Holding that expert report was properly excluded by district court because it was based primarily on statements by plaintiff that defendant's product was only possible source of plaintiff's injuries

Finding that district court did not err in admitting defendant's intervening rights defense, despite the fact that it was not asserted in defendant's pleadings nor litigated during the liability stage of trial

Holding that appellate court order of new trial on damages warranted vacatur of attorney's fee award and reconsideration of the fee issue by the district court

Holding that inventors' "entire personal knowledge in the field of the invention" was not material

Adopting the Daubert standard

Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

Allowing service by filing papers with the court's electronic-filing system

Holding that such a statement must merely be made by the party and offered against that party

Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

Stating that relevant evidence is generally admissible at trial

Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)

Assuming it was otherwise admissible

Stating that a reissued patent shall have the same effect as the original patent “in so far as the claims of the original and reissued patents are substantially identical ”