§

Nevro Corp.

IPR2020-01563 (P.T.A.B. Mar. 14, 2022)
Nevro Corp.

32 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,575 times   189 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. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,890 times   170 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  3. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,190 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  4. Advanced Display Systems, Inc. v. Kent State University

    212 F.3d 1272 (Fed. Cir. 2000)   Cited 381 times   5 Legal Analyses
    Holding that the objective evidence supported an obviousness finding where others had “tried for a long time” to develop the claimed invention but found it “very hard” and “were all not successful”

  5. Technology v. Videotek

    545 F.3d 1316 (Fed. Cir. 2008)   Cited 252 times   2 Legal Analyses
    Holding that use of term “black box” did not render the claim indefinite because that term was known in the field to represent video standard detector circuitry

  6. In re NuVasive, Inc.

    842 F.3d 1376 (Fed. Cir. 2016)   Cited 112 times   16 Legal Analyses
    Vacating and remanding so that an agency could fulfill its obligation to "make the necessary findings and have an adequate evidentiary basis for its findings" and to "articulate a satisfactory explanation for its action"

  7. Wasica Fin. GMBH v. Cont'l Auto. Sys., Inc.

    853 F.3d 1272 (Fed. Cir. 2017)   Cited 95 times   8 Legal Analyses
    Finding no anticipation by a genus disclosure that was "too ambiguous" and too broad for an ordinary skilled artisan to "at once envisage" every member of the genus

  8. Callaway Golf v. Acushnet Co.

    576 F.3d 1331 (Fed. Cir. 2009)   Cited 116 times   1 Legal Analyses
    Holding verdict irreconcilably inconsistent where jury found dependent claim obvious and found independent claim nonobvious

  9. In re Magnum Oil Tools Int'l, Ltd.

    829 F.3d 1364 (Fed. Cir. 2016)   Cited 62 times   19 Legal Analyses
    Holding that conclusory statements that "[t]he same analysis" applied to different prior art did not provide sufficient evidence to base its legal conclusion of obviousness

  10. Cook Biotech Inc. v. Acell, Inc.

    460 F.3d 1365 (Fed. Cir. 2006)   Cited 73 times   1 Legal Analyses
    Finding incorporation of only particular teachings from a prior art patent where the host document's incorporation clause stated that "the procedure for preparing intestinal submucosa" detailed in the prior art patent was "expressly incorporated herein by reference"

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

    35 U.S.C. § 103   Cited 6,172 times   492 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."

  12. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,033 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. Section 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,973 times   142 Legal Analyses
    Granting a presumption of validity to patents

  14. Section 1 - Establishment

    35 U.S.C. § 1   Cited 518 times   15 Legal Analyses
    Noting that Congress did not intend to change these "narrowing interpretations"

  15. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 410 times   205 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  16. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 381 times   635 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  17. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 298 times   314 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  18. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  19. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 162 times   140 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  20. Section 312 - Petitions

    35 U.S.C. § 312   Cited 131 times   122 Legal Analyses
    Governing inter partes reexamination

  21. 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"

  22. Section 1.104 - Nature of examination

    37 C.F.R. § 1.104   Cited 53 times   9 Legal Analyses
    Providing reasons for patent examiner's rejection of claims, including rejection for prior art "unless the entire rights to the subject matter and the claimed invention were commonly owned by the same person . . ."

  23. Section 42.1 - Policy

    37 C.F.R. § 42.1   Cited 21 times   29 Legal Analyses

    (a)Scope. Part 42 governs proceedings before the Patent Trial and Appeal Board. Sections 1.4 , 1.7 , 1.14 , 1.16 , 1.22 , 1.23 , 1.25 , 1.26 , 1.32 , 1.34 , and 1.36 of this chapter also apply to proceedings before the Board, as do other sections of part 1 of this chapter that are incorporated by reference into this part. (b)Construction. This part shall be construed to secure the just, speedy, and inexpensive resolution of every proceeding. (c)Decorum. Every party must act with courtesy and decorum

  24. Section 42.8 - Mandatory notices

    37 C.F.R. § 42.8   Cited 11 times   12 Legal Analyses
    Requiring a party to "[i]dentify each real party-in-interest for the party"

  25. Section 90.2 - Notice; service

    37 C.F.R. § 90.2   Cited 1 times   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,