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Fallon et al

IPR2019-01280 (P.T.A.B. May. 27, 2020)
Fallon et al

28 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. Cuozzo Speed Techs., LLC v. Lee

    136 S. Ct. 2131 (2016)   Cited 271 times   164 Legal Analyses
    Holding that the Board's interpretation of the petition to have implicitly presented a challenge was unreviewable

  4. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 734 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. Apple Inc. v. Samsung Elecs. Co.

    839 F.3d 1034 (Fed. Cir. 2016)   Cited 128 times   4 Legal Analyses
    Upholding presumed fact findings based on substantial evidence

  6. 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

  7. In re GPAC Inc.

    57 F.3d 1573 (Fed. Cir. 1995)   Cited 166 times   2 Legal Analyses
    In GPAC, for example, we found that a reference disclosing an equilibrium air door was reasonably pertinent to a patent directed to asbestos removal because they both addressed the same problem of "maintaining a pressurized environment while allowing for human ingress and egress."

  8. Microsoft Corp. v. Proxyconn, Inc.

    789 F.3d 1292 (Fed. Cir. 2015)   Cited 93 times   32 Legal Analyses
    Finding that the Board's construction of key claim terms was unreasonably broad in light of the broadest reasonable interpretation standard, and on that basis vacating and remanding the Board's finding of unpatentability

  9. Aqua Prods., Inc. v. Matal

    872 F.3d 1290 (Fed. Cir. 2017)   Cited 81 times   62 Legal Analyses
    Addressing whether the language of § 316(e), which all conceded applied to challenged claims, "applies equally to proposed substitute claims"

  10. Innovention Toys, LLC v. MGA Entertainment, Inc.

    637 F.3d 1314 (Fed. Cir. 2011)   Cited 83 times   1 Legal Analyses
    Finding a reference analogous if it logically would have commended itself to an inventor's attention in considering his problem

  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 100 - Definitions

    35 U.S.C. § 100   Cited 615 times   99 Legal Analyses
    Defining a " ‘joint research agreement’ " as a written agreement between "2 or more persons or entities"

  13. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 374 times   630 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 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"

  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 312 - Petitions

    35 U.S.C. § 312   Cited 128 times   118 Legal Analyses
    Governing inter partes reexamination

  17. Section 2 - Powers and duties

    35 U.S.C. § 2   Cited 114 times   25 Legal Analyses
    Authorizing the Patent Office to cover the expenses of "persons" other than federal employees attending programs on intellectual-property protection

  18. 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"

  19. Section 42.8 - Mandatory notices

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

  20. 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,