BAVISOTTO

v.

NEW YORK

Citator

Cited By

• Scripps Clinic & Research Found. v. Genentech, Inc., 927 F.2d 1565 (Fed. Cir. 1991)
  …, and the facts material to that question were not in dispute. The matter could have been, and was, decided summarily. See Paperless Accounting, Inc. v. Bay Area Rapid Transit Sys., 804 F. 2d 659, 662, 231 USPQ 649, 651 (Fed.Cir.1986), cert. denied, 480 U.S. 933, 107 S.Ct. 1573, 94 L.Ed.2d 764 (1987) (“These facts are not in dispute, though their legal significance is. Thus the basis on which the district court decided the question was amenable to summary judgment”). However, the district court erred in its…
• Rachelle Hines v. British Steel Corp., 907 F.2d 726 (7th Cir. 1990)
  …rcuit has interpreted Scindia as having rejected all land-based negligence standards in maritime cases, which would presumably include Restatement Section 414. See Hodges v. Evisea Maritime Co., S.A., 801 F. 2d 678, 683 (4th Cir.1986), cert. denied, 480 U.S. 933, 107 S.Ct. 1572, 94 L.Ed.2d 764 (1987). Actually, however, although the Supreme Court indicated that the standards under Section 905(b) “are not necessarily to be governed by principles applicable in non-maritime contexts,” the Court did not rejec…
• Quad Env't Techs. Corp. v. Union Sanitary Dist., 946 F.2d 870 (Fed. Cir. 1991)
  …erits of the rejection before the [*875] examiner but had instead invoked Rule 131 to remove the references. See also Paperless Accounting, Inc. v. Bay Area Rapid Transit System, 804 F. 2d 659, 663-64, 231 USPQ 649, 652 (Fed.Cir.1986), cert. denied, 480 U.S. 933, 107 S.Ct. 1573, 94 L.Ed.2d 764 (1987) (no presumption of acquiescence in the merits of the rejection by refiling the application). In the case of the ’461 patent, the prosecution history of the original patent shows that the ’589 patent was cited…