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NHK Seating of America, Inc. v. Lear Corporation

10184675 (P.T.A.B. Dec. 30, 2015)
NHK Seating of America, Inc. v. Lear Corporation

21 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,550 times   185 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 3,181 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. Thorner v. Sony Computer Entertainment America LLC

    669 F.3d 1362 (Fed. Cir. 2012)   Cited 1,073 times   10 Legal Analyses
    Holding that “flexible” should be given its plain and ordinary meaning and reversing the construction of “capable of being noticeably flexed with ease”

  4. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 746 times   5 Legal Analyses
    Holding that party opposing summary judgment must show either that movant has not established its entitlement to judgment on the undisputed facts or that material issues of fact require resolution by trial

  5. Nystrom v. Trex Co.

    424 F.3d 1136 (Fed. Cir. 2005)   Cited 303 times   3 Legal Analyses
    Holding that the law of the regional circuit governs motions for sanctions under 28 U.S.C. § 1927

  6. In re Cuozzo Speed Technologies, LLC

    793 F.3d 1268 (Fed. Cir. 2015)   Cited 123 times   26 Legal Analyses
    Determining 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

  7. Verdegaal Bros., v. Union Oil Co. of Calif

    814 F.2d 628 (Fed. Cir. 1987)   Cited 138 times   2 Legal Analyses
    Holding reliance on non-claimed distinction between prior art method and claimed method "inappropriate" and insufficient to save the claim from inherent anticipation

  8. Motorola, Inc. v. Interdigital Tech. Corp.

    121 F.3d 1461 (Fed. Cir. 1997)   Cited 96 times
    Holding that a verdict of anticipation was properly supported by expert testimony regarding how a person of ordinary skill would understand a prior art reference

  9. In re Translogic Technology

    504 F.3d 1249 (Fed. Cir. 2007)   Cited 44 times   2 Legal Analyses
    Recognizing 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.

  10. In re Suitco Surface

    603 F.3d 1255 (Fed. Cir. 2010)   Cited 36 times   5 Legal Analyses
    In Suitco, we disagreed with the Board's broadest reasonable construction of the term "finishing the top surface of the floor," because the Board's construction "allow[ed] the finishing material to fall anywhere above the surface being finished regardless of whether it actually ‘finishes’ the surface."

  11. 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."

  12. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,003 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 294 times   311 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  14. Section 253 - Disclaimer

    35 U.S.C. § 253   Cited 180 times   38 Legal Analyses
    Granting patentee authority to disclaim issued or pending claims

  15. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 161 times   140 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  16. 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"

  17. Section 42.107 - Preliminary response to petition

    37 C.F.R. § 42.107   Cited 95 times   56 Legal Analyses
    Requiring initiation of IPR within six months of filing and a decision within twelve months thereafter

  18. Section 42.23 - Oppositions, replies, and sur-replies

    37 C.F.R. § 42.23   Cited 42 times   39 Legal Analyses
    Taking testimony

  19. 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,