Topic: one who does not infringe an independent claim cannot infri… · Go Syfert
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Topic #11503

3 canonical passages across 3 cases, quoted by 33 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Wahpeton Canvas Company, Inc. v. Frontier, Inc..

#Case FlagCanonical passage Citers
1 Wahpeton Canvas Company, Inc. v. Frontier, Inc. Anchor
cafc · 1989
green “one who does not infringe an independent claim cannot infringe a claim dependent on (and thus containing all the limitations of) that claim.” 20
2 Monsanto Co. v. Syngenta Seeds, Inc.
cafc · 2007
green “one who does not infringe an independent claim cannot infringe a claim dependent on (and thus containing all the limitations of) that claim.” 7
3 Bayer Ag and Bayer Corporation v. Elan Pharmaceutical Research Corporation and Elan Corporation, Plc
cafc · 2000
green “if any claim limitation is absent ..., there is no literal infringement as a matter of law.” 6

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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