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Alcohol Monitoring Systems, Inc. v. Soberlink, Inc.

12882323 (P.T.A.B. May. 3, 2016)
Alcohol Monitoring Systems, Inc. v. Soberlink, Inc.

30 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,568 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. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,879 times   167 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"

  3. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,187 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  4. In re Cuozzo Speed Technologies, LLC

    793 F.3d 1268 (Fed. Cir. 2015)   Cited 124 times   26 Legal Analyses
    Determining that, under the "broadest reasonable interpretation standard," the construction of the term "integrally attached" as "discrete parts physically joined together as a unit without each part losing its own separate identity" was reasonable

  5. Perfect Web Technologies, Inc. v. InfoUSA, Inc.

    587 F.3d 1324 (Fed. Cir. 2009)   Cited 118 times   12 Legal Analyses
    Holding that “an analysis of obviousness ... may include recourse to logic, judgment, and common sense available to the person of ordinary skill [which] do[es] not necessarily require explication in any reference or expert opinion”

  6. In re GPAC Inc.

    57 F.3d 1573 (Fed. Cir. 1995)   Cited 168 times   2 Legal Analyses
    In GPAC, for example, we found that a reference disclosing an equilibrium air door was reasonably pertinent to a patent directed to asbestos removal because they both addressed the same problem of "maintaining a pressurized environment while allowing for human ingress and egress."

  7. Leo Pharm. Prods., Ltd. v. Rea

    726 F.3d 1346 (Fed. Cir. 2013)   Cited 73 times   12 Legal Analyses
    Holding no reason to improve upon the prior art when it was not "recognized or disclosed" in the prior art

  8. Rambus Inc. v. Rea

    731 F.3d 1248 (Fed. Cir. 2013)   Cited 71 times   5 Legal Analyses
    Holding that the Board erred when it found objective evidence lacked a nexus where at least some of the evidence related to the "patented design as a whole"

  9. Cuozzo Speed Techs., LLC v. Lee

    577 U.S. 1098 (2016)   Cited 8 times   10 Legal Analyses
    Refusing to review the Board's decision to institute review of certain claims on the basis of prior art not asserted regarding those claims

  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 6,159 times   489 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 554 - Adjudications

    5 U.S.C. § 554   Cited 1,050 times   32 Legal Analyses
    Granting authority to agencies to "issue a declaratory order to terminate a controversy or remove uncertainty."

  13. Section 315 - Relation to other proceedings or actions

    35 U.S.C. § 315   Cited 550 times   898 Legal Analyses
    Permitting the Director to consolidate separate IPRs challenging the same patent

  14. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 378 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"

  15. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 298 times   313 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  16. 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"

  17. 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)

  18. 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"

  19. Section 42.23 - Oppositions, replies, and sur-replies

    37 C.F.R. § 42.23   Cited 43 times   40 Legal Analyses
    Taking testimony

  20. Section 42.73 - Judgment

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

  21. Section 42.20 - Generally

    37 C.F.R. § 42.20   Cited 16 times   38 Legal Analyses

    (a)Relief. Relief, other than a petition requesting the institution of a trial, must be requested in the form of a motion. (b)Prior authorization. A motion will not be entered without Board authorization. Authorization may be provided in an order of general applicability or during the proceeding. (c)Burden of proof. The moving party has the burden of proof to establish that it is entitled to the requested relief. (d)Briefing. The Board may order briefing on any issue involved in the trial. 37 C.F

  22. Section 42.5 - Conduct of the proceeding

    37 C.F.R. § 42.5   Cited 13 times   28 Legal Analyses

    (a) The Board may determine a proper course of conduct in a proceeding for any situation not specifically covered by this part and may enter non-final orders to administer the proceeding. (b) The Board may waive or suspend a requirement of parts 1, 41, and 42 and may place conditions on the waiver or suspension. (c)Times. (1)Setting times. The Board may set times by order. Times set by rule are default and may be modified by order. Any modification of times will take any applicable statutory pendency

  23. Section 42.6 - Filing of documents, including exhibits; service

    37 C.F.R. § 42.6   Cited 9 times   43 Legal Analyses

    (a)General format requirements. (1) Page size must be 81/2 inch * 11 inch except in the case of exhibits that require a larger size in order to preserve details of the original. (2) In documents, including affidavits, created for the proceeding: (i) Markings must be in black or must otherwise provide an equivalent dark, high-contrast image; (ii) 14-point, Times New Roman proportional font, with normal spacing, must be used; (iii) Double spacing must be used except in claim charts, headings, tables

  24. Section 42.65 - Expert testimony; tests and data

    37 C.F.R. § 42.65   Cited 6 times   17 Legal Analyses
    Discussing "[e]xpert testimony"

  25. 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,