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Johns Manville Corporation v. Knauf Insulation, Inc.

13341542 (P.T.A.B. Dec. 17, 2015)
Johns Manville Corporation v. Knauf Insulation, Inc.

15 Cited authorities

  1. Concrete Pipe Prods. v. Constr. Laborers Trust

    508 U.S. 602 (1993)   Cited 1,529 times   7 Legal Analyses
    Holding that withdrawal liability as applied to Concrete Pipe, the employer, did not violate the Fifth Amendment because the imposition of withdrawal liability was clearly rational inasmuch as the employer's liability was based on a proportion of its contributions during its participation in the plan

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

    948 F.2d 1264 (Fed. Cir. 1991)   Cited 332 times   3 Legal Analyses
    Holding that an inherent limitation must be “necessarily present” and cannot be established by “probabilities or possibilities”

  3. In re Am. Academy of Science Tech Ctr.

    367 F.3d 1359 (Fed. Cir. 2004)   Cited 88 times   1 Legal Analyses
    Holding that descriptions of deficiencies of using mainframe computers set out in the "Background of the Invention" portion of the specification did not exclude mainframes from the definition of "'user computer'" where the "specification as a whole" did not express a clear disavowal of that subject matter

  4. Ashland Oil, v. Delta Resins Refractories

    776 F.2d 281 (Fed. Cir. 1985)   Cited 120 times   3 Legal Analyses
    Holding that "[w]hile the opinion testimony of a party having a direct interest in the pending litigation is less persuasive than opinion testimony by a disinterested party, it cannot be disregarded for that reason alone and may be relied upon when sufficiently convincing"

  5. Velander v. Garner

    348 F.3d 1359 (Fed. Cir. 2003)   Cited 61 times   2 Legal Analyses
    Reviewing the Board of Patent Appeals and Interferences' finding of a reasonable expectation of success under a "substantial evidence" standard

  6. In re Robertson

    169 F.3d 743 (Fed. Cir. 1999)   Cited 65 times
    Holding that inherent anticipation requires more than mere probability or possibility that the missing descriptive materials are present in the prior art

  7. Rohm & Haas Co. v. Brotech Corp.

    127 F.3d 1089 (Fed. Cir. 1997)   Cited 58 times
    Concluding that courts should evaluate the question of objective baselessness "in light of ... information [available] at the time of filing"

  8. In re Oelrich

    666 F.2d 578 (C.C.P.A. 1981)   Cited 92 times   5 Legal Analyses
    Stating that "[t]he mere fact that a certain thing may result from a given set of circumstances is not sufficient" to establish inherency (quoting Hansgirg v. Kemmer , 102 F.2d 212, 214 (C.C.P.A. 1939) )

  9. 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"

  10. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 403 times   189 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  11. 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"

  12. Section 42.108 - Institution of inter partes review

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

  13. Section 42.1 - Policy

    37 C.F.R. § 42.1   Cited 21 times   29 Legal Analyses

    (a)Scope. Part 42 governs proceedings before the Patent Trial and Appeal Board. Sections 1.4 , 1.7 , 1.14 , 1.16 , 1.22 , 1.23 , 1.25 , 1.26 , 1.32 , 1.34 , and 1.36 of this chapter also apply to proceedings before the Board, as do other sections of part 1 of this chapter that are incorporated by reference into this part. (b)Construction. This part shall be construed to secure the just, speedy, and inexpensive resolution of every proceeding. (c)Decorum. Every party must act with courtesy and decorum

  14. Section 42.65 - Expert testimony; tests and data

    37 C.F.R. § 42.65   Cited 6 times   15 Legal Analyses
    Discussing "[e]xpert testimony"

  15. Section 42.62 - Applicability of the Federal rules of evidence

    37 C.F.R. § 42.62   Cited 5 times   5 Legal Analyses

    (a)Generally. Except as otherwise provided in this subpart, the Federal Rules of Evidence shall apply to a proceeding. (b)Exclusions. Those portions of the Federal Rules of Evidence relating to criminal proceedings, juries, and other matters not relevant to proceedings under this subpart shall not apply. (c)Modifications in terminology. Unless otherwise clear from context, the following terms of the Federal Rules of Evidence shall be construed as indicated: Appellate court means United States Court