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3D-Matrix, Ltd. v. Menicon Co., Ltd.

11921746 (P.T.A.B. Aug. 1, 2014)
3D-Matrix, Ltd. v. Menicon Co., Ltd.

22 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 27,540 times   244 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  2. 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"

  3. 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"

  4. 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

  5. Pfizer v. Apotex

    480 F.3d 1348 (Fed. Cir. 2007)   Cited 383 times   7 Legal Analyses
    Holding the district court clearly erred when it failed to consider relevant prior art

  6. Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc.

    566 F.3d 989 (Fed. Cir. 2009)   Cited 260 times   2 Legal Analyses
    Finding that inventor's unwitnessed notebook was not adequate corroborating evidence of an earlier invention date

  7. Frye v. United States

    293 F. 1013 (D.C. Cir. 1923)   Cited 4,578 times   53 Legal Analyses
    Holding that expert testimony must be based on scientific methods that are sufficiently established and accepted

  8. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 232 times   3 Legal Analyses
    Holding an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "'set out his uncommon definition in some manner within the patent disclosure' so as to give one of ordinary skill in the art notice of the change" in meaning

  9. In re Robertson

    169 F.3d 743 (Fed. Cir. 1999)   Cited 65 times
    Holding that inherent anticipation requires more than mere probability or possibility that the missing descriptive materials are present in the prior art

  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. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 28,170 times   296 Legal Analyses
    Adopting the Daubert standard

  12. 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."

  13. 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"

  14. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 381 times   636 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  15. Section 312 - Petitions

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

  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 42.108 - Institution of inter partes review

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

  18. 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"

  19. Section 42.65 - Expert testimony; tests and data

    37 C.F.R. § 42.65   Cited 6 times   19 Legal Analyses
    Discussing "[e]xpert testimony"

  20. Section 42.62 - Applicability of the Federal rules of evidence

    37 C.F.R. § 42.62   Cited 5 times   5 Legal Analyses

    (a)Generally. Except as otherwise provided in this subpart, the Federal Rules of Evidence shall apply to a proceeding. (b)Exclusions. Those portions of the Federal Rules of Evidence relating to criminal proceedings, juries, and other matters not relevant to proceedings under this subpart shall not apply. (c)Modifications in terminology. Unless otherwise clear from context, the following terms of the Federal Rules of Evidence shall be construed as indicated: Appellate court means United States Court