Case Citator › Loctite Corporation, Appellant/cross-Appellee v. Ultraseal Ltd., Appellees/cross-Appellants

Loctite Corporation, Appellant/cross-Appellee v. Ultraseal Ltd., Appellees/cross-Appellants

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Federal Circuit
Citation
781 F.2d 861
Decided
Confirmed treatments
1
Flagged citations read
31 of 31
Citing cases (total)
31
Treatment dates
1998
Overruled in part
A reviewed court has overruled part of this case’s holding. Loctite Corp. v. Ultraseal Ltd. was overruled in part: all 31 flagged citations have been read, with the confirmed treatment listed below. The Federal Circuit changed the rule for choosing circuit law on whether patent procurement or enforcement removes a patentee's immunity from antitrust liability.
More on how this was screened

Later courts continued to use Loctite on patent claims, infringement, obviousness, and other issues.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

31 later cases cite Loctite Corporation, Appellant/cross-Appellee v. Ultraseal Ltd., Appellees/cross-Appellants; 31 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Overruled in part

  • The Federal Circuit overruled Loctite's use of regional circuit law to decide whether patent procurement or enforcement strips a patentee of antitrust immunity.

    Nobelpharma AB v. Implant Innovations, Inc. · Federal Circuit (en banc on this issue) · filed

    Accordingly, we hereby change our precedent and hold that whether conduct in procuring or enforcing a patent is sufficient to strip a patentee of its immunity from the antitrust laws is to be decided as a question of Federal Circuit law.5 This conclusion applies equally to all antitrust claims premised on the bringing of a patent infringement suit. Therefore, Cygnus, 92 F.3d at 1161, 39 USPQ2d at 1672, Loctite, 781 F.2d at 875, 228 USPQ at 99, and Atari, 747 F.2d at 1438-40, 223 USPQ at 1086-87, are expressly overruled to the extent they hold otherwise.
    Read the full opinion on CourtListener →

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