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Uniloc 2017 LLC

IPR2019-01251 (P.T.A.B. Dec. 15, 2020)
Uniloc 2017 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. Wyers v. Master Lock Co.

    616 F.3d 1231 (Fed. Cir. 2010)   Cited 205 times   7 Legal Analyses
    Holding that a motivation to combine and a reasonable expectation of success exist when "it is simply a matter of common sense" to combine known elements of the prior art to solve a known problem

  4. Arthrex, Inc. v. Smith & Nephew, Inc.

    941 F.3d 1320 (Fed. Cir. 2019)   Cited 58 times   62 Legal Analyses
    Holding that the USPTO is not required to reopen the record or permit new briefing

  5. United States v. Arthrex, Inc.

    141 S. Ct. 549 (2020)

    No. 19-1434. 10-13-2020 UNITED STATES, Petitioner, v. ARTHREX, INC., et al. Petition for writ of certiorari in No. 19-1434 granted as to Federal Circuit case No. 2018-2140, and petition for writ of certiorari in Nos. 19-1452 and 19-1458 granted, all limited to Questions 1 and 2 as set forth in the July 22, 2020 Memorandum for the United States. The cases is consolidated, and a total of one hour is allotted for oral argument.

  6. Meiresonne v. Google, Inc.

    849 F.3d 1379 (Fed. Cir. 2017)   Cited 18 times   2 Legal Analyses

    2016-1755 03-07-2017 Michael MEIRESONNE, Appellant v. GOOGLE, INC., Appellee Mark A. Jotanovic, Brooks Kushman PC, Southfield, MI, argued for appellant. Also represented by Thomas A. Lewry, William G. Abbatt, John S. Leroy. Gregory A. Castanias, Jones Day, Washington, DC, argued for appellee. Also represented by Israel Sasha Mayergoyz, Chicago, IL; Krista Schwartz, San Francisco, CA. Moore, Circuit Judge. Mark A. Jotanovic , Brooks Kushman PC, Southfield, MI, argued for appellant. Also represented

  7. In re Keller

    642 F.2d 413 (C.C.P.A. 1981)   Cited 44 times   1 Legal Analyses
    Stating "[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference"

  8. 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."

  9. 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)

  10. 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"

  11. 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"

  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,