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Contemporary Display LLC

IPR2019-01167 (P.T.A.B. Nov. 25, 2020)
Contemporary Display LLC

19 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,545 times   185 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,813 times   166 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  3. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,178 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  4. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 744 times   5 Legal Analyses
    Holding that party opposing summary judgment must show either that movant has not established its entitlement to judgment on the undisputed facts or that material issues of fact require resolution by trial

  5. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 232 times   3 Legal Analyses
    Holding an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "'set out his uncommon definition in some manner within the patent disclosure' so as to give one of ordinary skill in the art notice of the change" in meaning

  6. Facebook, Inc. v. Windy City Innovations, LLC

    973 F.3d 1321 (Fed. Cir. 2020)   Cited 18 times   15 Legal Analyses
    Holding that Board joinder decisions are reviewable because they concern the "manner in which the already-instituted IPR proceeded"

  7. Allied Erecting & Dismantling Co. v. Genesis Attachments, LLC

    825 F.3d 1373 (Fed. Cir. 2016)   Cited 19 times   1 Legal Analyses

    2015-1533 06-15-2016 Allied Erecting and Dismantling Co., Inc., Appellant v. Genesis Attachments, LLC, Appellee. Daniel H. Brean, The Webb Law Firm, Pittsburgh, PA, argued for appellant. Also represented by Richard L. Byrne, James G. Porcelli. Ryan Wayne Massey, Harness, Dickey & Pierce, PLC, Troy, MI, argued for appellee. Wallach, Circuit Judge. Daniel H. Brean, The Webb Law Firm, Pittsburgh, PA, argued for appellant. Also represented by Richard L. Byrne, James G. Porcelli. Ryan Wayne Massey, Harness

  8. Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co.

    868 F.3d 1013 (Fed. Cir. 2017)   Cited 13 times   9 Legal Analyses

    2016-2321 08-22-2017 NIDEC MOTOR CORPORATION, Appellant v. ZHONGSHAN BROAD OCEAN MOTOR CO. LTD., Broad Ocean Motor LLC, Broad Ocean Technologies LLC, Appellees Joseph MATAL, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director, U.S. Patent and Trademark Office, Intervenor Scott R. Brown, Hovey Williams LLP, Overland Park, KS, argued for appellant. Also represented by Matthew B. Walters ; Christopher Michael Holman, University of Missouri-Kansas

  9. Fitbit, Inc. v. Valencell, Inc.

    964 F.3d 1112 (Fed. Cir. 2020)

    2019-1048 07-08-2020 FITBIT, INC., Appellant v. VALENCELL, INC., Appellee Kevin P.B. Johnson, Quinn Emanuel Urquhart & Sullivan, LLP, Redwood Shores, CA, argued for appellant. Also represented by Mark Yeh-Kai Tung; Sam Stephen Stake, Ognjen Zivojnovic, San Francisco, CA; Harper Batts, Christopher Scott Ponder, Sheppard Mullin Richter & Hampton LLP, Palo Alto, CA. Jeffrey Bragalone, Bragalone Conroy PC, Dallas, TX, argued for appellee. Also represented by Thomas William Kennedy, Jr., Justin Kimble

  10. Application of Samour

    571 F.2d 559 (C.C.P.A. 1978)   Cited 26 times
    Noting the rule in the § 103 context and declining to extend that rule to § 102(b) rejections

  11. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,124 times   478 Legal Analyses
    Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."

  12. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,990 times   998 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 375 times   632 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  14. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

  15. 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)

  16. Section 42.100 - Procedure; pendency

    37 C.F.R. § 42.100   Cited 192 times   75 Legal Analyses
    Providing that the PTAB gives " claim . . . its broadest reasonable construction in light of the specification of the patent in which it appears"

  17. Section 42.8 - Mandatory notices

    37 C.F.R. § 42.8   Cited 11 times   12 Legal Analyses
    Requiring a party to "[i]dentify each real party-in-interest for the party"

  18. Section 42.70 - Oral argument

    37 C.F.R. § 42.70   Cited 7 times   8 Legal Analyses
    Providing that “ party may request oral argument” before the Board

  19. Section 90.2 - Notice; service

    37 C.F.R. § 90.2   2 Legal Analyses

    (a)For an appeal under 35 U.S.C. 141 . (1) (i) In all appeals, the notice of appeal required by 35 U.S.C. 142 must be filed with the Director by electronic mail to the email address indicated on the United States Patent and Trademark Office's web page for the Office of the General Counsel. This electronically submitted notice will be accorded a receipt date, which is the date in Eastern Time when the correspondence is received in the Office, regardless of whether that date is a Saturday, Sunday,