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7564702 et al.

2019004964 (P.T.A.B. Dec. 18, 2020)
7564702 et al.

13 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,569 times   187 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. Synqor, Inc. v. Artesyn Techs., Inc.

    709 F.3d 1365 (Fed. Cir. 2013)   Cited 116 times   1 Legal Analyses
    Holding that liability for induced infringement begins when the defendant has "actual 'knowledge of the existence of the patent'"

  3. In re Mouttet

    686 F.3d 1322 (Fed. Cir. 2012)   Cited 90 times   4 Legal Analyses
    Finding "the Board's determination that eliminating the optical components of Falk would not destroy its principle of operation to be supported by substantial evidence"

  4. Leapfrog v. Fisher-Price

    485 F.3d 1157 (Fed. Cir. 2007)   Cited 90 times   5 Legal Analyses
    Holding that the objective considerations of nonobviousness presented, including substantial evidence of commercial success, praise, and long-felt need, were inadequate to overcome a strong showing of primary considerations that rendered the claims at issue invalid

  5. In re Etter

    756 F.2d 852 (Fed. Cir. 1985)   Cited 121 times   1 Legal Analyses
    Noting that whether one prior art reference can be incorporated into another is "basically irrelevant."

  6. Lear Siegler, Inc. v. Aeroquip Corp.

    733 F.2d 881 (Fed. Cir. 1984)   Cited 58 times
    In Lear Siegler, the holder of a patent for a brake unit sued a brake assembly manufacturer ("Aeroquip") for infringement.

  7. In re Keller

    642 F.2d 413 (C.C.P.A. 1981)   Cited 47 times   1 Legal Analyses
    Stating "[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference"

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

    35 U.S.C. § 103   Cited 6,165 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."

  9. Section 315 - Relation to other proceedings or actions

    35 U.S.C. § 315   Cited 552 times   898 Legal Analyses
    Permitting the Director to consolidate separate IPRs challenging the same patent

  10. 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

  11. Section 304 - Reexamination order by Director

    35 U.S.C. § 304   Cited 53 times   7 Legal Analyses

    If, in a determination made under the provisions of subsection 303(a), the Director finds that a substantial new question of patentability affecting any claim of a patent is raised, the determination will include an order for reexamination of the patent for resolution of the question. The patent owner will be given a reasonable period, not less than two months from the date a copy of the determination is given or mailed to him, within which he may file a statement on such question, including any

  12. Section 325 - Relation to other proceedings or actions

    35 U.S.C. § 325   Cited 44 times   251 Legal Analyses

    (a) INFRINGER'S CIVIL ACTION.- (1) POST-GRANT REVIEW BARRED BY CIVIL ACTION.-A post-grant review may not be instituted under this chapter if, before the date on which the petition for such a review is filed, the petitioner or real party in interest filed a civil action challenging the validity of a claim of the patent. (2) STAY OF CIVIL ACTION.-If the petitioner or real party in interest files a civil action challenging the validity of a claim of the patent on or after the date on which the petitioner

  13. Section 1.182 - Questions not specifically provided for

    37 C.F.R. § 1.182   Cited 23 times   14 Legal Analyses

    All situations not specifically provided for in the regulations of this part will be decided in accordance with the merits of each situation by or under the authority of the Director, subject to such other requirements as may be imposed, and such decision will be communicated to the interested parties in writing. Any petition seeking a decision under this section must be accompanied by the petition fee set forth in § 1.17(f) . 37 C.F.R. §1.182 69 FR 56544 , Sept. 21, 2004 Part 2 is placed in the