An Analysis of Patent Litigation StatisticsU.S. Government Printing Office, 1961 - 30 страници |
Често срещани думи и фрази
50 patents 500 Largest 86 district courts Administrative Office ALEXANDER WILEY C. K. Williams Cong consent judgment Corp corporations in terms Counted by patent court adjudication court of appeals declaratory judgment design patents determination of invalidity DISPOSITION OF PATENT District of Colum filing to disposition finding of patent findings in district findings on validity fiscal Ford Motor Co Infringed Not infringed INFRINGED Where corporation infringement findings interval from filing INVALID Where corporation issue to trial least 1 party Less median interval Minnesota Mining months Number of individual Number of patents Number of suits Patent Act patent infringement Patent Office patent suits patent system patent trials patent validity patents received plaintiff and defendant__ Plaintiff Defendant prior art prior determination prior finding procedure reissue patents section 103 standard of invention Subcommittee on Patents suits commenced summary judgment TABLE terms of assets Trademarks U.S. Courts U.S. district courts Valid and infringed validity of 86
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Страница 8 - A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.
Страница 6 - Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.
Страница 3 - A reference to a master shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account and of difficult computation of damages, a reference shall be made only upon a showing that some exceptional condition requires It.
Страница 5 - S. 1006 before the Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee on the Judiciary, 89th Cong., 1st & 2d Sess.
Страница 7 - Since the evidence in this case is all either documentary or in the form of physical exhibits, we are in as good a position as the trial court to examine it and determine for ourselves whether or not there is infringement of the patent claims in issue.
Страница 6 - A court of law, such as this Court is, rather than a court for correction of errors in fact finding, cannot undertake to review concurrent findings of fact by two courts below in the absence of a very obvious and exceptional showing of error.
Страница 30 - Commission on Industrial Concentration and Product Diversification in the 1,000 Largest Manufacturing Companies — 1950.
Страница 7 - ... what the prior art was and what the patentee did to improve upon it, and then, whether what the patentee did is properly to be classified as an invention. The nature of the prior art and the nature of what the patentee did to improve upon it must always be questions of fact. The question of...
Страница 4 - The granting of summary judgment in patent suits is infrequent for there is usually a material issue of fact to be decided. (See table 10.) The resolution of questions such as novelty, anticipation, and combination of elements involves factual determinations which cannot ordinarily be disposed of by summary judgments. But when the prior art and the patent claims are so simple that they can be readily understood without the aid of testimony, it has been held proper to dispose of the case by summary...
Страница 7 - Co., it is now in substance rejected. The Court now recognizes what has long been apparent in our cases: that it is the "standard of invention" that controls. That is present in every case where the validity of a patent is in issue. It is that question which the Court must decide. No "finding of fact" can be a substitute for it in any case. The question of invention goes back to the constitutional standard in every case. We speak with final authority on that constitutional issue as we do on many...