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Cabilly et al. V. Boss et al.

07205419 (B.P.A.I. Aug. 13, 1998)
Cabilly et al. V. Boss et al.

50 Cited authorities

  1. 49er Chevrolet, Inc. v. General Motors Corp.

    480 U.S. 947 (1987)   Cited 248 times
    Discussing determination of priority of invention under § 102(g), and noting that "§ 102(g) prior art can be used for § 103", id. at 1371 n. 1, 231 USPQ 84 n. 1

  2. Hybritech Inc. v. Monoclonal Antibodies, Inc.

    802 F.2d 1367 (Fed. Cir. 1986)   Cited 472 times   13 Legal Analyses
    Holding that notebook entries not witnessed until several months to a year after entry did not render them "incredible or necessarily of little corroborative value" under the circumstances and in view of other corroborating evidence

  3. Price v. Symsek

    988 F.2d 1187 (Fed. Cir. 1993)   Cited 317 times   7 Legal Analyses
    Holding that courts should consider all the evidence of conception and communication as a whole, not individually, and that "an inventor can conceivably prove prior conception by clear and convincing evidence although no one piece of evidence in and of itself establishes the prior conception."

  4. Burroughs Wellcome Co. v. Barr Labs., Inc.

    40 F.3d 1223 (Fed. Cir. 1994)   Cited 289 times   27 Legal Analyses
    Holding that a reduction to practice by a third party inures to the benefit of the inventor even without communication of the conception

  5. Amgen, Inc. v. Chugai Pharmaceutical Co. LTD

    927 F.2d 1200 (Fed. Cir. 1991)   Cited 273 times   11 Legal Analyses
    Holding that the term "at least about" was indefinite because the patent provided no guidance as to where the line should be drawn between the numerical value of the prior art cited in the prosecution history and the close numerical value in the patent

  6. Genetics Institute, Inc. v. Amgen, Inc.

    502 U.S. 856 (1991)   Cited 80 times
    Holding that Connecticut's overtime wage law is not preempted by FLSA

  7. Coleman v. Dines

    754 F.2d 353 (Fed. Cir. 1985)   Cited 95 times   5 Legal Analyses
    In Coleman v. Dines (1985) 754 F.2d 353 (Coleman), the appellant testified that he conceived the invention at issue in that case prior to the date of the respondent's patent, and he relied on a letter he sent to a colleague about his work as corroboration for his testimony.

  8. Fiers v. Revel

    984 F.2d 1164 (Fed. Cir. 1993)   Cited 74 times   7 Legal Analyses
    Holding a claim to a genus of DNA molecules not supported by written description of a method for obtaining the molecules

  9. Estee Lauder Inc. v. L'Oreal

    129 F.3d 588 (Fed. Cir. 1997)   Cited 59 times
    Holding that reduction to practice does not occur until inventor knows embodiment will work for its intended purposes

  10. DeGeorge v. Bernier

    768 F.2d 1318 (Fed. Cir. 1985)   Cited 69 times
    Holding that "resort to the specification is necessary only when there are ambiguities inherent in the claim language or obvious from arguments of counsel"

  11. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,324 times   53 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  12. Rule 902 - Evidence That Is Self-Authenticating

    Fed. R. Evid. 902   Cited 2,208 times   35 Legal Analyses
    Allowing authentication of domestic records of regularly conducted activity "by a certification of the custodian or another qualified person"