Nystrom v. Trex Co.’s Empirical Analysis
424 F.3d 1136 · 2005
Citation profile
20 federal appellate · 17 district ·
How this case has been cited
Cited by 100 later decisions — most recently December 2021 · most notably 02 Micro International Ltd. v. Beyond Innovation Technology Co. (2008), Broadcom Corp. v. Qualcomm Inc. (2008)
20 federal appellate · 17 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Anderson v. Liberty Lobby, Inc. · Roadway Express, Inc. v. Piper · Markman v. Westview Instruments, Inc. · Vitronics Corporation v. Conceptronic Inc · Phillips v. AWH 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 100 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The words of the claim are generally given their ordinary and customary meaning. [Vitronics Corp., 90 F.3d] at 1582. The ordinary and customary meaning of a claim term “is the meaning that the term would have to a person of ordinary skill in the art in question at the time of the invention.” Phillips, 415 F.3d at 1313 . The person of ordinary skill in the art views the claim term in the light of the entire intrinsic record. See id. Thus, the claims “must be read in view of the specification, of which they are a part.” Markman v. Westview Instruments, Inc., 52 F.3d 967, 979 (Fed.Cir.1995) (en banc). “ ‘The construction that stays true to the claim language and most naturally aligns with the patent’s description of the invention will be, in the end, the correct construction.’ ” Phillips, 415 F.3d at 1316 (quoting Renishaw PLC v. Marposs Societa’ per Azioni, 158 F.3d 1243, 1250 (Fed. Cir.1998)). In addition to the written description, “the prosecution history can often inform the meaning of the claim language by demonstrating how the inventor understood the invention and whether the inventor limited the invention in the course of prosecution, making the claim scope narrower than it would otherwise be.” Id. at 1317 .”
4 later decisions quote this exact passage · from the majority““Wfliat Phillips now counsels is that in the absence of something in the written description and/or prosecution history to provide explicit or implicit notice to ... those of ordinary skill in the art ... that the inventor intended a disputed term to cover more than the ordinary and customary meaning revealed by the context of the intrinsic record, it is improper to read the term to encompass a broader definition simply because it may be found in a dictionary, treatise, or other extrinsic source.””
3 later decisions quote this exact passage · from the majority“divorced from the context of the written description and prosecution history.”
2 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.