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Adobe Systems Incorporated v. Afluo, LLC

08644204 (P.T.A.B. Apr. 9, 2015)
Adobe Systems Incorporated v. Afluo, LLC

16 Cited authorities

  1. Net Moneyin v. Verisign

    545 F.3d 1359 (Fed. Cir. 2008)   Cited 284 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"

  2. 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

  3. In re Gleave

    560 F.3d 1331 (Fed. Cir. 2009)   Cited 150 times
    Finding that the prior art reference was enabling and stating that “the fact that [the reference] provides ‘no understanding of which of the targets would be useful’ is of no import, because [the patent applicant] admits that it is well within the skill of an ordinary person in the art to make any oligodeoxynucleotide sequence”

  4. 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.

  5. In re Bond

    910 F.2d 831 (Fed. Cir. 1990)   Cited 57 times   1 Legal Analyses
    Finding that, since "structural equivalency ... is a question of fact," where the Board made no finding as to structural equivalency, this Court would "not reach that question in the first instance" and instead vacate and remand

  6. In re Graves

    69 F.3d 1147 (Fed. Cir. 1995)   Cited 41 times   5 Legal Analyses
    Concluding that although the court “cannot exercise jurisdiction over the appeal before the [agency] enters its reconsideration decision,” its jurisdiction “was, in effect, suspended until the [agency] acted”

  7. In re Cuozzo Speed Techs., Llc.

    778 F.3d 1271 (Fed. Cir. 2015)   Cited 11 times   21 Legal Analyses

    No. 2014–1301. 2015-02-4 In re CUOZZO SPEED TECHNOLOGIES, LLC. Timothy M. Salmon, Cuozzo Speed Technologies, LLC, of Basking Ridge, NJ, argued for appellant. Of counsel on the brief was John R. Kasha, Kasha Law LLC, of North Potomac, MD. Nathan K. Kelley, Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for intervenor. With him on the brief were Scott C. Weidenfeller and Robert J. McManus, Associate Solicitors. DYK Affirmed. Newman, Circuit Judge, filed dissenting opinion

  8. Application of Preda

    401 F.2d 825 (C.C.P.A. 1968)   Cited 5 times   1 Legal Analyses

    Patent Appeal No. 8016. October 24, 1968. Wenderoth, Lind Ponack, A. Ponak, Washington, D.C. (John T. Miller, Washington, D.C., of counsel) for appellant. Joseph Schimmel, Washington, D.C. (Jack E. Armore, Washington, D.C., of counsel) for the Commissioner of Patents. Before WORLEY, Chief Judge and RICH, SMITH, ALMOND, and BALDWIN, Judges. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claims 7 and 8 of application serial No. 269,707

  9. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,031 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  10. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 298 times   314 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  11. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  12. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 162 times   140 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  13. 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"

  14. 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

  15. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 18 times   62 Legal Analyses
    Regarding judgments

  16. Section 90.2 - Notice; service

    37 C.F.R. § 90.2   2 Legal Analyses

    (a)For an appeal under 35 U.S.C. 141 . (1) (i) In all appeals, the notice of appeal required by 35 U.S.C. 142 must be filed with the Director by electronic mail to the email address indicated on the United States Patent and Trademark Office's web page for the Office of the General Counsel. This electronically submitted notice will be accorded a receipt date, which is the date in Eastern Time when the correspondence is received in the Office, regardless of whether that date is a Saturday, Sunday,