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Epshteyn, Albert et al.

14881241 - (D) (P.T.A.B. Oct. 7, 2020)
Epshteyn, Albert et al.

11 Cited authorities

  1. Amgen v. F. Hoffmann-La Roche

    580 F.3d 1340 (Fed. Cir. 2009)   Cited 209 times   16 Legal Analyses
    Determining whether the differences in subject matter between the two claims render the claims patentably distinct "is analogous to an obviousness analysis under 35 U.S.C. § 103"

  2. Power Integrations, Inc. v. Fairchild Semiconductor Int'l, Inc.

    843 F.3d 1315 (Fed. Cir. 2016)   Cited 72 times   2 Legal Analyses
    Holding that while evidence the defendant maintained a technical support center in the U.S. "that provided support for the infringing controller chips to" U.S. customers "may not individually be sufficient to establish liability" it might when "as a whole" along with other evidence

  3. In re Spada

    911 F.2d 705 (Fed. Cir. 1990)   Cited 58 times   1 Legal Analyses
    Holding that the claims were properly rejected by the PTO because they were anticipated by a prior art reference

  4. Unwired Planet, LLC v. Google Inc.

    841 F.3d 995 (Fed. Cir. 2016)   Cited 15 times   1 Legal Analyses
    Finding that the patent-at-issue and the asserted prior art were in the same field of endeavor and "reasonably pertinent to the problem of displaying address information," based on the same disclosures concerning graphical user interface design based on geography and the supporting expert testimony

  5. Biogen Ma Inc. v. EMD Serono, Inc.

    976 F.3d 1326 (Fed. Cir. 2020)   Cited 7 times   2 Legal Analyses

    2019-1133 09-28-2020 BIOGEN MA INC., Plaintiff -Appellee v. EMD SERONO, INC., Pfizer Inc., Defendants-Appellants Bayer Healthcare Pharmaceuticals Inc., Novartis Pharmaceuticals Corporation, Defendants Nicholas P. Groombridge, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, argued for plaintiff-appellee. Also represented by Peter Sandel, Eric Alan Stone, Jenny Chia Cheng Wu, Josephine Young ; David J. Ball, Jr., Washington, DC; John D. Tortorella, Kevin H. Marino, Marino Tortorella & Boyle

  6. In re Thorpe

    777 F.2d 695 (Fed. Cir. 1985)   Cited 40 times   3 Legal Analyses
    Holding that prior art pertinent only to product is proper ground for rejecting product-by-process claims

  7. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,133 times   479 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."

  8. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

  9. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622

  10. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)

  11. Section 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and