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Toshiba Corporation v. Intellectual Ventures II LLC

08548752 (P.T.A.B. Jun. 3, 2015)
Toshiba Corporation v. Intellectual Ventures II LLC

12 Cited authorities

  1. Baldwin Graphic v. Siebert

    512 F.3d 1338 (Fed. Cir. 2008)   Cited 301 times   6 Legal Analyses
    Holding that “an indefinite article ‘a’ or ‘an’ in patent parlance carries the meaning of ‘one or more’ in open-ended claims containing the transitional phrase comprising” unless a patentee has “ ‘evidence[d] a clear intent’ to limit ‘a’ or ‘an’ to ‘one’ ”

  2. 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

  3. 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.

  4. 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

  5. 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"

  6. Section 311 - Inter partes review

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

  7. 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"

  8. 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)

  9. Section 325 - Relation to other proceedings or actions

    35 U.S.C. § 325   Cited 44 times   248 Legal Analyses

    (a) INFRINGER'S CIVIL ACTION.- (1) POST-GRANT REVIEW BARRED BY CIVIL ACTION.-A post-grant review may not be instituted under this chapter if, before the date on which the petition for such a review is filed, the petitioner or real party in interest filed a civil action challenging the validity of a claim of the patent. (2) STAY OF CIVIL ACTION.-If the petitioner or real party in interest files a civil action challenging the validity of a claim of the patent on or after the date on which the petitioner

  10. 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"

  11. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 18 times   61 Legal Analyses
    Regarding judgments

  12. 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,