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Positive treatment
Hot · 72 in 5y
Quoted verbatim 53×
145.6 score
G Cite
cited 37× by 36 distinct cases, 2005–2026 · 14 courts ·
…a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
at p. 1372
⚠ not in text
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005
2015
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
OpenSesame, Inc. v. GO1 Pty, Ltd.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Kirk Pemberton v. Jack in the Box Inc.
laim construction that gives meaning to all 27 the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Loyal-T Systems LLC v. American Express Company & American Express Travel Related Services Company, Inc.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Acufloor, LLC v. Eventile, Inc.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
OYSTER POINT PHARMA, INC. v. APOTEX, INC.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
DRB Systems, LLC v. Sonny's Enterprises, LLC
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Aculon, Inc. v. Electrolab, Inc.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Alnylam Pharmaceuticals, Inc. v. Pfizer Inc.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so
discussed
Cited as authority (verbatim quote)
Voice Tech Corp. v. Unified Patents, LLC
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Voice Tech Corp. v. Unified Patents, LLC
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
examined
Cited as authority (verbatim quote)
Luv N' Care, Ltd. v. Laurain
commercial success is relevant be- cause the law presumes an idea would successfully have been brought to market sooner, in response to market forces, had the idea been obvious to persons skilled in the art.
examined
Cited as authority (verbatim quote)
Luv N' Care, Ltd. v. Laurain
commercial success is relevant be- cause the law presumes an idea would successfully have been brought to market sooner, in response to market forces, had the idea been obvious to persons skilled in the art.
discussed
Cited as authority (verbatim quote)
PACIRA PHARMACEUTICALS, INC. v. EVENUS PHARMACEUTICALS LABORATORIES INC.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Provisur Technologies, Inc. v. Weber, Inc.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Ssi Technologies, LLC v. Dongguan Zhengyang Electronic Mechanical Ltd.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
AstraZeneca AB v. Mylan Pharmaceuticals Inc.
because the patentee did not clearly redefine 'about' in the specification, . . . e thus hold that the term 'about' should be given its ordinary and accepted meaning of 'approximately.
discussed
Cited as authority (verbatim quote)
Vlsi Technology LLC v. Intel Corporation
a claim con- struction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
CellTrust Corporation v. ionLake, LLC
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Rovi Guides, Inc. v. Vidal
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Rovi Guides, Inc. v. Vidal
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
CFL Technologies LLC v. Ledvance, LLC.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Ahern Rentals, Inc. v. Equipmentshare.com, Inc.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Provisur Technologies, Inc. v. Weber, Inc.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Provisur Technologies, Inc. v. Weber, Inc.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Asetek Danmark A/S v. Coolit Systems Inc
claim construction that gives meaning to all the terms of the claim is preferred over 7 one that does not do so
discussed
Cited as authority (verbatim quote)
Cisco Systems, Inc. v. Capella Photonics, Inc.
a claim construction that gives meaning to all the terms of 27 the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Heat Technologies, Inc. v. Koehler Oberkirch GmbH
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Enserion, LLC v. Orthofix, Inc.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Cellcast Technologies, LLC v. United States
(2×)
also: Cited as authority (rule)
claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Wastow Enterprises, LLC v. TruckMovers.com, Inc.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Elm 3DS Innovations LLC v. Samsung Electronics Co. Ltd.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
The Scripps Research Institute v. Illumina, Inc.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
examined
Cited as authority (verbatim quote)
Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc.
(3×)
also: Cited as authority (rule)
because market entry by others was precluded on those bases, the inference of non- obviousness of weekly-dosing, from evidence of commer- cial success, is weak.
examined
Cited as authority (verbatim quote)
One-E-Way, Inc. v. International Trade Commission
(2×)
a claim construction that gives meaning to all the terms of the claim is pre- ferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
In Re: Nuvasive, Inc.
(2×)
also: Cited "see, e.g."
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
examined
Cited as authority (verbatim quote)
24/7 Customer, Inc. v. LivePerson, Inc.
(4×)
also: Cited as authority (rule), Cited "see"
the specification repeatedly describes a range of acceptable dosage amounts....
examined
Cited as authority (verbatim quote)
Alfred E. Mann Foundation for Scientific Research v. Cochlear Corp.
(2×)
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Merck Sharp & Dohme Corp. v. Hospira Inc.
because market entry by others was precluded , the inference of non-obviousness ... from evidence of commercial success ... is weak.
discussed
Cited as authority (verbatim quote)
Media Digital v. Toshiba America
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Apple Inc. v. Motorola, Inc.
(2×)
also: Cited as authority (rule)
a claim con- struction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Douglas Dynamics, LLC v. Buyers Products Co.
(2×)
also: Cited as authority (rule)
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Aristocrat Tech
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Creative Internet Advertising Corp. v. Yahoo!, Inc.
(2×)
also: Cited as authority (rule)
a claim construction that gives meaning to all the terms of the claim is pre- ferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Aero Products International, Inc. v. Intex Recreation Corp.
(2×)
also: Cited as authority (rule)
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Yoon Ja Kim v. Conagra Foods, Inc.
(2×)
also: Cited as authority (rule)
when a patentee acts as his own lexicographer in redefining the meaning of particular claim terms away from their ordinary meaning, he must clearly express that intent in the written description.
discussed
Cited as authority (verbatim quote)
Maytag Corp. v. Electrolux Home Products, Inc.
(2×)
also: Cited as authority (rule)
a claim construction that gives meaning to all the terms of the claim is preferred over 1066 one that does not do so.
discussed
Cited as authority (verbatim quote)
Janssen Pharmaceutica, n.v. v. Eon Labs Manufacturing, Inc.
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (verbatim quote)
Owen Mumford USA, Inc. v. Surgilance, Inc.
(2×)
also: Cited as authority (rule)
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (quoted)
Bridgestone Americas Tire Operations, LLC v. Speedways Tyres Limited
a claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.
discussed
Cited as authority (quoted)
eCeipt LLC v. Victoria's Secret Stores, LLC
when a patentee acts as his own lexicographer in redefining the meaning of particular claim terms away from their ordinary meaning, he must clearly express that intent in the written description.
Retrieving the full opinion text from the archive…
Merck & Co.
v.
Teva Pharmaceuticals USA
v.
Teva Pharmaceuticals USA
2004-1005.
Court of Appeals for the Federal Circuit.
Feb 1, 2005.
395 F.3d 1364
Published
Citer courts: E.D. California (1) · Federal Circuit (1) · D. Colorado (1) · N.D. Texas (1) · W.D. Texas (1)
United States Court of Appeals for the Federal Circuit
ERRATA
January 31, 2005
Appeal No. 04-1005 Merck & Co. v. TEVA Pharmaceuticals
Precedential Opinion
Decided: January 28, 2005
In the dissenting opinion, page8, line 4, the cite should read: 1383, 1391 (2004)