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Trainer, Nicholas P. et al.

13888435 - (D) (P.T.A.B. Jan. 31, 2020)
Trainer, Nicholas P. et al.

7 Cited authorities

  1. Arctic Cat Inc. v. Bombardier Recreational Prods. Inc.

    876 F.3d 1350 (Fed. Cir. 2017)   Cited 191 times   12 Legal Analyses
    Holding that an alleged infringer bears an initial burden of production to identify unmarked patented products

  2. Intercontinental Great Brands LLC v. Kellogg N. Am. Co.

    869 F.3d 1336 (Fed. Cir. 2017)   Cited 37 times   3 Legal Analyses
    Holding expert testimony was not required for motivation to combine where the specification and claims did not include any new manufacturing equipment or instructions to produce the claimed food containers

  3. Regents of the Univ. of Cal. v. Broad Inst., Inc.

    903 F.3d 1286 (Fed. Cir. 2018)   Cited 28 times   21 Legal Analyses
    Declining to find obviousness despite strong evidence of six different simultaneous inventions because the results of the claimed invention were unpredictable and unexpected, thereby outweighing any potential probativeness of the simultaneous inventions

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

    35 U.S.C. § 103   Cited 6,129 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."

  5. 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"

  6. 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

  7. 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