Bayer Ag Bayer Corporation v. Elan Pharmaceutical Research Corporation Elan Corporation Plc’s Empirical Analysis
212 F.3d 1241 · 2000
Citation profile
6 federal appellate · 104 district ·
Relationships
Relies on Anderson v. Liberty Lobby, Inc. · MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al. · Warner-Jenkinson Company Inc v. Hilton Davis Chemical Co · Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-Cross · SRI International v. Matsushita Electric Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 177 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If any claim limitation is absent from the accused device, there is no literal infringement as a matter of law.”
10 later decisions quote this exact passage · from the majority“[I]t is proper for the court to consider the ANDA itself, materials submitted by the ANDA applicant in support of the ANDA, and any other relevant evidence submitted by the applicant or patent holder.”
3 later decisions quote this exact passage · from the majority“Literal infringement requires the patentee to prove that the accused device contains each limitation of the asserted claim(s).”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.