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Google Inc. and Twitter, Inc. v. Everymd.com Llc.

13234823 (P.T.A.B. May. 22, 2014)
Google Inc. and Twitter, Inc. v. Everymd.com Llc.

12 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. CCS Fitness, Inc. v. Brunswick Corp.

    288 F.3d 1359 (Fed. Cir. 2002)   Cited 969 times   6 Legal Analyses
    Holding that to act as its own lexicographer, a patentee must “clearly set forth a definition of the disputed claim term” other than its plain and ordinary meaning

  4. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 142 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

  5. 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."

  6. 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"

  7. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 403 times   188 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  8. 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"

  9. 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"

  10. Section 42.108 - Institution of inter partes review

    37 C.F.R. § 42.108   Cited 45 times   69 Legal Analyses
    Permitting partial institution

  11. Section 42.104 - Content of petition

    37 C.F.R. § 42.104   Cited 27 times   54 Legal Analyses
    Describing the content of the petition, including both "the patents or printed publications relied upon for each ground," and "supporting evidence relied upon to support the challenge"

  12. Section 42.22 - Content of petitions and motions

    37 C.F.R. § 42.22   Cited 14 times   15 Legal Analyses

    (a) Each petition or motion must be filed as a separate paper and must include: (1) A statement of the precise relief requested; and (2) A full statement of the reasons for the relief requested, including a detailed explanation of the significance of the evidence including material facts, and the governing law, rules, and precedent. (b)Relief requested. Where a rule in part 1 of this title ordinarily governs the relief sought, the petition or motion must make any showings required under that rule