Merck & Co. v. Teva Pharmaceuticals USA (2005)
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across 44 courts.
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We ruled that the district court had erred in its analysis of commercial success because the earlier patent and FDA regulatory approval depressed incentives for others to invent the weekly-dosing scheme. 395 F.3d at 1377 ("Because market entry by others was precluded on those bases, the inference of nonobviousness of weekly-dosing, from evidence of commercial success, is weak.").
"Because market entry by others was precluded on those bases, the inference of nonobviousness of weekly-dosing, from evidence of commercial success, is weak."
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One-E-Way, Inc. v. International Trade Commission (2017)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is pre- ferred over one that does not do so.”
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In Re: Nuvasive, Inc. (2017)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
USA Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Apple Inc. v. Motorola, Inc. (2014)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim con- struction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Douglas Dynamics, LLC v. Buyers Products Co. (2013)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Creative Internet Advertising Corp. v. Yahoo!, Inc. (2011)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is pre- ferred over one that does not do so.”
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Yoon Ja Kim v. Conagra Foods, Inc. (2006)
USA, Inc., 395 F.3d 1364, 1370 (Fed.
“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.”
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Owen Mumford USA, Inc. v. Surgilance, Inc. (2005)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Acufloor, LLC v. Eventile, Inc. (2025)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Voice Tech Corp. v. Unified Patents, LLC (2024)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Voice Tech Corp. v. Unified Patents, LLC (2024)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Luv N' Care, Ltd. v. Laurain (2024)
USA, Inc., 395 F.3d 1364, 1376 (Fed.
“Commercial success is relevant [to nonobviousness] 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.”
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Luv N' Care, Ltd. v. Laurain (2024)
USA, Inc., 395 F.3d 1364, 1376 (Fed.
“Commercial success is relevant [to nonobviousness] 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.”
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Vlsi Technology LLC v. Intel Corporation (2022)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim con- struction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Rovi Guides, Inc. v. Vidal (2022)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Rovi Guides, Inc. v. Vidal (2022)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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The Scripps Research Institute v. Illumina, Inc. (2019)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Aristocrat Tech (2013)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
USA Inc., 395 F.3d 1364, 1372 (Fed.Cir. 2005) (“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”); Power Mosfet Techs., L.L.C. v. Siemens AG, 378 F.3d 1396 , 1410 (Fed.Cir.2004) (stating that interpretations of claims rendering claim terms superfluous is generally disfavored).
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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24/7 Customer, Inc. v. LivePerson, Inc. (2016)
Furthermore, the court pointed to portions of the specification that suggest “about” should be given its ordinary meaning of “approximately.” Id. at 1371 (“The specification repeatedly describes a range of acceptable dosage amounts.... ”).
“The specification repeatedly describes a range of acceptable dosage amounts.... ”
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Cellcast Technologies, LLC v. United States (2020)
Merck & Co., 395 F.3d at 1372 (“claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”).
“claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Maytag Corp. v. Electrolux Home Products, Inc. (2006)
See Merck & Co., 395 F.3d at 1372 (“A claim construction that gives meaning to all the terms of the claim is preferred over *1066 one that does not do so.”); Power Mosfet Techs., L.L.C., 378 F.3d at 1410 (stating that interpretations of claims rendering claim terms superfluous is generally disfavored).
“A claim construction that gives meaning to all the terms of the claim is preferred over *1066 one that does not do so.”
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OpenSesame, Inc. v. GO1 Pty, Ltd. (2026)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Kirk Pemberton v. Jack in the Box Inc. (2026)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“[C]laim construction that gives meaning to all 27 the terms of the claim is preferred over one that does not do so.”
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Loyal-T Systems LLC v. American Express Company & American Express Travel Related Services Company, Inc. (2025)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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OYSTER POINT PHARMA, INC. v. APOTEX, INC. (2024)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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DRB Systems, LLC v. Sonny's Enterprises, LLC (2024)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Aculon, Inc. v. Electrolab, Inc. (2024)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Alnylam Pharmaceuticals, Inc. v. Pfizer Inc. (2024)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so”
USA, 395 F.3d 1364 , 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Provisur Technologies, Inc. v. Weber, Inc. (2023)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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AstraZeneca AB v. Mylan Pharmaceuticals Inc. (2022)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“Because the patentee did not clearly redefine ‘about’ in the specification, . . . [w]e thus hold that the term ‘about’ should be given its ordinary and accepted meaning of ‘approximately.””
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CellTrust Corporation v. ionLake, LLC (2022)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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CFL Technologies LLC v. Ledvance, LLC. (2022)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Ahern Rentals, Inc. v. Equipmentshare.com, Inc. (2021)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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eCeipt LLC v. Victoria's Secret Stores, LLC (2021)
USA, 395 F.3d 1364 , 1370 (Fed.
“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.”
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Provisur Technologies, Inc. v. Weber, Inc. (2021)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Provisur Technologies, Inc. v. Weber, Inc. (2021)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Asetek Danmark A/S v. Coolit Systems Inc (2021)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“[a] claim construction that gives meaning to all the terms of the claim is preferred over 7 one that does not do so”
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Cisco Systems, Inc. v. Capella Photonics, Inc. (2021)
USA, Inc., 26 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of 27 the claim is preferred over one that does not do so.”
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Heat Technologies, Inc. v. Koehler Oberkirch GmbH (2021)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Enserion, LLC v. Orthofix, Inc. (2021)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Wastow Enterprises, LLC v. TruckMovers.com, Inc. (2020)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”
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Merck Sharp & Dohme Corp. v. Hospira Inc. (2016)
USA, Inc., 395 F.3d 1364, 1377 (Fed.
“Because market entry by others was precluded [due to patent protection and statutory exclusivity], the inference of non-obviousness ... from evidence of commercial success ... is weak.”
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Media Digital v. Toshiba America (2015)
USA, Inc., 395 F.3d 1364, 1372 (Fed.
“A claim construction that gives meaning to all the terms of the claim is preferred over one that does not do so.”