Bioactive Laboratories v. BTG International Inc.
7 Cited authorities
In re Cuozzo Speed Technologies, LLC
793 F.3d 1268 (Fed. Cir. 2015) Cited 124 times 26 Legal AnalysesDetermining that, under the "broadest reasonable interpretation standard," the construction of the term "integrally attached" as "discrete parts physically joined together as a unit without each part losing its own separate identity" was reasonable
In re Translogic Technology
504 F.3d 1249 (Fed. Cir. 2007) Cited 44 times 2 Legal AnalysesRecognizing 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.
Section 103 - Conditions for patentability; non-obvious subject matter
35 U.S.C. § 103 Cited 6,141 times 481 Legal AnalysesHolding 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."
Section 102 - Conditions for patentability; novelty
35 U.S.C. § 102 Cited 6,010 times 1009 Legal AnalysesProhibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
Section 314 - Institution of inter partes review
35 U.S.C. § 314 Cited 377 times 633 Legal AnalysesDirecting our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"
Section 42.100 - Procedure; pendency
37 C.F.R. § 42.100 Cited 192 times 75 Legal AnalysesProviding that the PTAB gives " claim . . . its broadest reasonable construction in light of the specification of the patent in which it appears"
Section 42.108 - Institution of inter partes review
37 C.F.R. § 42.108 Cited 46 times 69 Legal AnalysesPermitting partial institution