In re NuVasive, Inc.’s Empirical Analysis
841 F.3d 966 · 2016
Citation profile
6 federal appellate ·
Relationships
Applies 28 U.S.C. § 1295 · 35 U.S.C. § 103 · 5 U.S.C. § 554 (Administrative Procedure Act of 1946) · 5 U.S.C. § 706
Relies on Belden Inc. v. Berk-Tek LLC · In re Magnum Oil Tools International, Ltd. · Genzyme Therapeutic Products Ltd. Partnership v. Biomarin Pharmaceutical Inc. · Dell Inc. v. Acceleron, LLC · In re Stepan Co.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The agency must timely inform the patent owner of the matters of fact and law asserted ..., must provide all interested parties opportunity for the submission and consideration of facts and arguments ... and hearing and decision on notice, ... and must allow a party to submit rebuttal evidence as may be required for a full and true disclosure of the facts.”
1 later decision quote this exact passage · from the majority“hold unlawful and set aside agency action, findings, and conclusions found to be ... arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law ... [or] without observance of procedure required by law.”
1 later decision quote this exact passage · from the majority“preclude[d] ... from considering the import of Michelson's [previously unmentioned] Figure 18 after giving NuVasive a full opportunity to submit additional evidence and arguments on that point”
1 later decision 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.