Canon Kabushiki Kaisha

10 Cited authorities

  1. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 290 times   311 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"
  2. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 161 times   139 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)
  3. Section 317 - Settlement

    35 U.S.C. § 317   Cited 37 times   48 Legal Analyses
    Addressing continuation of IPR as to some petitioners after dismissal of others
  4. Section 327 - Settlement

    35 U.S.C. § 327   Cited 2 times   7 Legal Analyses

    (a) IN GENERAL.-A post-grant review instituted under this chapter shall be terminated with respect to any petitioner upon the joint request of the petitioner and the patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed. If the post-grant review is terminated with respect to a petitioner under this section, no estoppel under section 325(e) shall attach to the petitioner, or to the real party in interest or privy of the petitioner, on

  5. Section 42.71 - Decision on petitions or motions

    37 C.F.R. § 42.71   Cited 22 times   44 Legal Analyses

    (a)Order of consideration. The Board may take up petitions or motions for decisions in any order, may grant, deny, or dismiss any petition or motion, and may enter any appropriate order. (b)Interlocutory decisions. A decision on a motion without a judgment is not final for the purposes of judicial review. If a decision is not a panel decision, the party may request that a panel rehear the decision. When rehearing a non-panel decision, a panel will review the decision for an abuse of discretion. A

  6. Section 42.20 - Generally

    37 C.F.R. § 42.20   Cited 16 times   38 Legal Analyses

    (a)Relief. Relief, other than a petition requesting the institution of a trial, must be requested in the form of a motion. (b)Prior authorization. A motion will not be entered without Board authorization. Authorization may be provided in an order of general applicability or during the proceeding. (c)Burden of proof. The moving party has the burden of proof to establish that it is entitled to the requested relief. (d)Briefing. The Board may order briefing on any issue involved in the trial. 37 C.F

  7. Section 42.74 - Settlement

    37 C.F.R. § 42.74   Cited 3 times   13 Legal Analyses

    (a)Board role. The parties may agree to settle any issue in a proceeding, but the Board is not a party to the settlement and may independently determine any question of jurisdiction, patentability, or Office practice. (b)Agreements in writing. Any agreement or understanding between the parties made in connection with, or in contemplation of, the termination of a proceeding shall be in writing and a true copy shall be filed with the Board before the termination of the trial. (c)Request to keep separate

  8. Section 42.72 - Termination of trial

    37 C.F.R. § 42.72   Cited 2 times   16 Legal Analyses

    The Board may terminate a trial without rendering a final written decision, where appropriate, including where the trial is consolidated with another proceeding or pursuant to a joint request under 35 U.S.C. 317(a) or 327(a) . 37 C.F.R. §42.72

  9. Section 42.14 - Public availability

    37 C.F.R. § 42.14   Cited 1 times   3 Legal Analyses

    The record of a proceeding, including documents and things, shall be made available to the public, except as otherwise ordered. A party intending a document or thing to be sealed shall file a motion to seal concurrent with the filing of the document or thing to be sealed. The document or thing shall be provisionally sealed on receipt of the motion and remain so pending the outcome of the decision on the motion. 37 C.F.R. §42.14

  10. Section 42.54 - Protective order

    37 C.F.R. § 42.54   7 Legal Analyses

    (a) A party may file a motion to seal where the motion to seal contains a proposed protective order, such as the default protective order set forth in the Office Patent Trial Practice Guide. The motion must include a certification that the moving party has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute. The Board may, for good cause, issue an order to protect a party or person from disclosing confidential information, including, but