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Zetec, Inc. v. Westinghouse Electric Company LLC

10121749 (P.T.A.B. Jul. 24, 2014)
Zetec, Inc. v. Westinghouse Electric Company LLC

18 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,557 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. Heckler v. Chaney

    470 U.S. 821 (1985)   Cited 2,102 times   21 Legal Analyses
    Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"

  3. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,185 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  4. Net Moneyin v. Verisign

    545 F.3d 1359 (Fed. Cir. 2008)   Cited 282 times   6 Legal Analyses
    Holding that, to anticipate, a single prior art reference must not only disclose all the limitations claimed but also must disclose those limitations "arranged or combined in the same way as recited in the claim"

  5. Schumer v. Laboratory Computer Systems

    308 F.3d 1304 (Fed. Cir. 2002)   Cited 260 times
    Holding that the preambles at issue — "point of origin," "angle of rotation," and "scale" — did not limit the scope of the digitizer invention but simply described features that necessarily exit in any coordinate system for a digitizer

  6. Connell v. Sears, Roebuck Co.

    722 F.2d 1542 (Fed. Cir. 1983)   Cited 262 times
    Finding that the "right to exclude recognized in a patent is the essence of the concept of property"

  7. In re Cruciferous Sprout Litigation

    301 F.3d 1343 (Fed. Cir. 2002)   Cited 139 times   6 Legal Analyses
    Holding that preamble was limiting in light of arguments made during prosecution "show[ing] a clear reliance by the patentee on the preamble to persuade the Patent Office that the claimed invention is not anticipated by the prior art"

  8. Ernst Haas Studio, Inc. v. Palm Press, Inc.

    164 F.3d 110 (2d Cir. 1999)   Cited 119 times
    Holding that, where a brief does not sufficiently address an argument, courts are under no obligation to "scour the record, research any legal theory that comes to mind, and serve generally as an advocate"

  9. 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

  10. 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.

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

    35 U.S.C. § 103   Cited 6,143 times   481 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 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 377 times   633 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  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 312 - Petitions

    35 U.S.C. § 312   Cited 128 times   120 Legal Analyses
    Governing inter partes reexamination

  15. Section 42.108 - Institution of inter partes review

    37 C.F.R. § 42.108   Cited 46 times   69 Legal Analyses
    Permitting partial institution

  16. Section 42.104 - Content of petition

    37 C.F.R. § 42.104   Cited 28 times   54 Legal Analyses
    Describing the content of the petition, including both "the patents or printed publications relied upon for each ground," and "supporting evidence relied upon to support the challenge"

  17. 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

  18. Section 42.22 - Content of petitions and motions

    37 C.F.R. § 42.22   Cited 14 times   16 Legal Analyses

    (a) Each petition or motion must be filed as a separate paper and must include: (1) A statement of the precise relief requested; and (2) A full statement of the reasons for the relief requested, including a detailed explanation of the significance of the evidence including material facts, and the governing law, rules, and precedent. (b)Relief requested. Where a rule in part 1 of this title ordinarily governs the relief sought, the petition or motion must make any showings required under that rule