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Australian Mud Company Pty Ltd.

IPR2019-01129 (P.T.A.B. Nov. 20, 2020)
Australian Mud Company Pty Ltd.

18 Cited authorities

  1. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 750 times   5 Legal Analyses
    Holding that party opposing summary judgment must show either that movant has not established its entitlement to judgment on the undisputed facts or that material issues of fact require resolution by trial

  2. Merck & Co. v. Teva Pharmaceuticals USA, Inc.

    395 F.3d 1364 (Fed. Cir. 2005)   Cited 439 times   10 Legal Analyses
    Holding that commercial success is not significantly probative of non-obviousness where others are barred from acting on the prior art

  3. Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd.

    821 F.3d 1359 (Fed. Cir. 2016)   Cited 128 times   16 Legal Analyses
    Holding a reply brief and declaration exceeded the proper scope for a reply because they cited "a number of non-patent literature references which were not relied upon to support unpatentability in the Petition"

  4. Power Mosfet Techs., L.L.C. v. Siemens AG

    378 F.3d 1396 (Fed. Cir. 2004)   Cited 178 times   1 Legal Analyses
    Holding that a patent infringement defendant obtained a disposition on the merits for purposes of Fed.R.Civ.P. 54(d) where patentee voluntarily dismissed its infringement claim with prejudice

  5. In re NuVasive, Inc.

    842 F.3d 1376 (Fed. Cir. 2016)   Cited 112 times   16 Legal Analyses
    Vacating and remanding so that an agency could fulfill its obligation to "make the necessary findings and have an adequate evidentiary basis for its findings" and to "articulate a satisfactory explanation for its action"

  6. Belden Inc. v. Berk-Tek LLC

    805 F.3d 1064 (Fed. Cir. 2015)   Cited 115 times   21 Legal Analyses
    Holding that a declaration appended to a reply brief "fairly respond[ed] only to arguments made in ... [the patent owner]'s response," as required by § 42.23(b), and that the patent owner had "a meaningful opportunity to respond," as required by the APA

  7. TQ Delta, LLC v. Cisco Sys.

    942 F.3d 1352 (Fed. Cir. 2019)   Cited 42 times   4 Legal Analyses
    Determining that certain expert testimony was conclusory and thus inadequate to support the Board's factfinding regarding motivation to combine

  8. Harmonic Inc. v. Avid Tech., Inc.

    815 F.3d 1356 (Fed. Cir. 2016)   Cited 39 times   8 Legal Analyses

    No. 2015–1072. 03-01-2016 HARMONIC INC., Appellant v. AVID TECHNOLOGY, INC., Appellee. Boris Feldman, Wilson, Sonsini, Goodrich & Rosati, PC, Palo Alto, CA, argued for appellant. Also represented by James C. Yoon; Michael T. Rosato, Seattle, WA; Robin L. Brewer, San Francisco, CA; Gideon A. Schor, New York, NY; Richard Torczon, Washington, DC. Gregory A. Castanias, Jones Day, Washington, DC, argued for appellee. Also represented by David B. Cochran, Joseph M. Sauer, Cleveland, OH; Matthew Johnson

  9. Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co.

    868 F.3d 1013 (Fed. Cir. 2017)   Cited 13 times   9 Legal Analyses

    2016-2321 08-22-2017 NIDEC MOTOR CORPORATION, Appellant v. ZHONGSHAN BROAD OCEAN MOTOR CO. LTD., Broad Ocean Motor LLC, Broad Ocean Technologies LLC, Appellees Joseph MATAL, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director, U.S. Patent and Trademark Office, Intervenor Scott R. Brown, Hovey Williams LLP, Overland Park, KS, argued for appellant. Also represented by Matthew B. Walters ; Christopher Michael Holman, University of Missouri-Kansas

  10. Okajima v. Bourdeau

    261 F.3d 1350 (Fed. Cir. 2001)   Cited 27 times   1 Legal Analyses
    Discussing how the prior art typically informs the question of the level of one of ordinary skill

  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 312 - Petitions

    35 U.S.C. § 312   Cited 130 times   122 Legal Analyses
    Governing inter partes reexamination

  14. Section 4 - Restrictions on officers and employees as to interest in patents

    35 U.S.C. § 4   Cited 13 times

    Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of applying for a patent and of acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issued by the Office. In patents applied for thereafter they shall not be entitled to any priority date earlier than one year after the termination of their appointment. 35 U.S.C. § 4 July

  15. 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"

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

    37 C.F.R. § 42.6   Cited 9 times   44 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

  17. 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,