§

Ex Parte Spies et al

11470500 (P.T.A.B. Sep. 27, 2013)
Ex Parte Spies et al

11 Cited authorities

  1. Genentech, Inc. v. Novo Nordisk, A/S

    108 F.3d 1361 (Fed. Cir. 1997)   Cited 348 times   5 Legal Analyses
    Holding a preliminary injunction should not issue if defendant raises a substantial question as to validity, enforceability, or infringement

  2. In re Wands

    858 F.2d 731 (Fed. Cir. 1988)   Cited 341 times   43 Legal Analyses
    Holding that whether undue experimentation is required is a "conclusion reached by weighing many factual considerations. . . . includ[ing] the quantity of experimentation necessary, the amount of direction or guidance presented, the presence or absence of working examples, the nature of the invention, the state of the prior art, the relative skill of those in the art, the predictability or unpredictability of the art, and the breadth of the claims."

  3. Johns Hopkins University v. Cellpro

    152 F.3d 1342 (Fed. Cir. 1998)   Cited 246 times   1 Legal Analyses
    Holding previously that "[w]hether infringement was willful is a question of fact, and we will not reverse a jury determination on this issue unless it was unsupported by substantial evidence"

  4. Liebel-Flarsheim v. Medrad

    481 F.3d 1371 (Fed. Cir. 2007)   Cited 158 times   4 Legal Analyses
    Holding invalid claims that had been given a broad construction at the patentee's behest in an earlier appeal

  5. In re Wright

    999 F.2d 1557 (Fed. Cir. 1993)   Cited 91 times   5 Legal Analyses
    Relying on art published five years after filing date to show what was "sufficiently unpredictable" as of filing date

  6. Rasmusson v. Smithkline Beecham Corp.

    413 F.3d 1318 (Fed. Cir. 2005)   Cited 43 times   4 Legal Analyses
    Explaining "proof of efficacy is not required in order for a reference to be enabled for purposes of anticipation"

  7. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,370 times   1046 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

  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 1.808 - Furnishing of samples

    37 C.F.R. § 1.808   Cited 1 times

    (a) A deposit must be made under conditions that assure that: (1) Access to the deposit will be available during pendency of the patent application making reference to the deposit to one determined by the Director to be entitled thereto under § 1.14 and 35 U.S.C. 122 , and (2) Subject to paragraph (b) of this section, all restrictions imposed by the depositor on the availability to the public of the deposited material will be irrevocably removed upon the granting of the patent. (b) The depositor