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Electronic Frontier Foundation v. Personal Audio, LLC

12380955 (P.T.A.B. Apr. 10, 2015)
Electronic Frontier Foundation v. Personal Audio, LLC

17 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,538 times   183 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. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,168 times   66 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. Renishaw PLC v. Marposs Societa' Per Azioni

    158 F.3d 1243 (Fed. Cir. 1998)   Cited 1,704 times   4 Legal Analyses
    Holding that there must be a claim term in need of clarification in order to draw in statements from the written description

  4. Abbott Laboratories v. Sandoz, Inc.

    566 F.3d 1282 (Fed. Cir. 2009)   Cited 281 times   7 Legal Analyses
    Holding that a chemical formulation that the applicants could have claimed given that it appeared in their priority application, but chose not to, falls outside the scope, literal or equivalent, of the claim

  5. Scripps Clinic Research Fdn. v. Genentech

    927 F.2d 1565 (Fed. Cir. 1991)   Cited 448 times   5 Legal Analyses
    Holding that such claims are not limited by the process

  6. Continental Can Co. USA, v. Monsanto Co.

    948 F.2d 1264 (Fed. Cir. 1991)   Cited 329 times   3 Legal Analyses
    Holding that an inherent limitation must be “necessarily present” and cannot be established by “probabilities or possibilities”

  7. In re Schreiber

    128 F.3d 1473 (Fed. Cir. 1997)   Cited 149 times   2 Legal Analyses
    Holding that once the Examiner established a prima facie case of anticipation, the burden of proof was properly shifted to the inventor to rebut the finding of inherency

  8. Akamai Tech. v. Cable Wireless Int. Serv

    344 F.3d 1186 (Fed. Cir. 2003)   Cited 72 times   1 Legal Analyses
    Describing “caching,” “mirroring,” and “redirection” as innovations designed to alleviate congestion in an origin server

  9. In re Translogic Technology

    504 F.3d 1249 (Fed. Cir. 2007)   Cited 44 times   2 Legal Analyses
    Recognizing that the Supreme Court set aside the rigid application of the TSM Test and ensured use of customary knowledge as an ingredient in that equation.

  10. In re Cuozzo Speed Techs., Llc.

    778 F.3d 1271 (Fed. Cir. 2015)   Cited 11 times   21 Legal Analyses

    No. 2014–1301. 2015-02-4 In re CUOZZO SPEED TECHNOLOGIES, LLC. Timothy M. Salmon, Cuozzo Speed Technologies, LLC, of Basking Ridge, NJ, argued for appellant. Of counsel on the brief was John R. Kasha, Kasha Law LLC, of North Potomac, MD. Nathan K. Kelley, Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for intervenor. With him on the brief were Scott C. Weidenfeller and Robert J. McManus, Associate Solicitors. DYK Affirmed. Newman, Circuit Judge, filed dissenting opinion

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

    35 U.S.C. § 103   Cited 6,105 times   470 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 5,973 times   986 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 184 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"

  14. 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)

  15. Section 42.100 - Procedure; pendency

    37 C.F.R. § 42.100   Cited 191 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"

  16. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 18 times   59 Legal Analyses
    Regarding judgments

  17. 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,