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Aavid Thermalloy LLC

IPR2019-00337 (P.T.A.B. Sep. 16, 2020)
Aavid Thermalloy LLC

11 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,563 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. 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

  3. Pers. Web Techs., LLC v. Apple, Inc.

    848 F.3d 987 (Fed. Cir. 2017)   Cited 66 times   11 Legal Analyses
    Concluding that the Board provided an inadequate analysis to provide meaningful appellate review

  4. Dynamic Drinkware, LLC v. National Graphics, Inc.

    800 F.3d 1375 (Fed. Cir. 2015)   Cited 42 times   18 Legal Analyses
    Stating that once the petitioner meets its initial burden of going forward with evidence that there is anticipating prior art, the patent owner has "the burden of going forward with evidence either that the prior art does not actually anticipate, or . . . that it is not prior art because the asserted claim is entitled to the benefit of a filing date prior to the alleged prior art." (quoting Tech. Licensing Corp. v. Videotek, Inc., 545 F.3d 1316, 1327 (Fed. Cir. 2008))

  5. Star Fruits S.N.C. v. U.S.

    393 F.3d 1277 (Fed. Cir. 2005)   Cited 53 times   3 Legal Analyses
    Upholding examiner demand, under 37 C.F.R. § 1.105, for “information that the applicant is in the best position to most cheaply provide”

  6. Arnold Partnership v. Dudas

    362 F.3d 1338 (Fed. Cir. 2004)   Cited 11 times   9 Legal Analyses

    No. 03-1339. DECIDED: March 24, 2004. Appeal from the United States District Court for the Eastern District of Virginia, 246 F.Supp.2d 460, Leonie M. Brinkema, J. Christopher N. Sipes, Covington Burling, of Washington, DC, argued for plaintiff-appellant. Linda Moncys Isacson, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for defendants-appellees. With her on the brief were John M. Whealan, Solicitor; and Raymond T. Chen, Associate

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

    35 U.S.C. § 103   Cited 6,154 times   485 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."

  8. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 295 times   313 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  9. 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)

  10. Section 42.71 - Decision on petitions or motions

    37 C.F.R. § 42.71   Cited 22 times   44 Legal Analyses

    (a)Order of consideration. The Board may take up petitions or motions for decisions in any order, may grant, deny, or dismiss any petition or motion, and may enter any appropriate order. (b)Interlocutory decisions. A decision on a motion without a judgment is not final for the purposes of judicial review. If a decision is not a panel decision, the party may request that a panel rehear the decision. When rehearing a non-panel decision, a panel will review the decision for an abuse of discretion. A

  11. 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