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AVX Corporation v. Greatbatch Ltd.

09384099 (P.T.A.B. May. 2, 2016)
AVX Corporation v. Greatbatch Ltd.

9 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,523 times   180 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. AK Steel Corp. v. Sollac

    344 F.3d 1234 (Fed. Cir. 2003)   Cited 207 times   1 Legal Analyses
    Holding that "dependent claims are presumed to be of narrower scope than the independent claims from which they depend"

  3. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 279 times   307 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  4. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 160 times   137 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  5. Section 313 - Preliminary response to petition

    35 U.S.C. § 313   Cited 53 times   4 Legal Analyses

    If an inter partes review petition is filed under section 311, the patent owner shall have the right to file a preliminary response to the petition, within a time period set by the Director, that sets forth reasons why no inter partes review should be instituted based upon the failure of the petition to meet any requirement of this chapter. 35 U.S.C. § 313 Added Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-568; amended Pub. L. 107-273, div. C, title

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

    37 C.F.R. § 42.23   Cited 39 times   39 Legal Analyses
    Taking testimony

  7. 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

  8. Section 42.11 - Duty of candor; signing papers; representations to the Board; sanctions

    37 C.F.R. § 42.11   Cited 7 times   36 Legal Analyses

    (a)Duty of candor. Parties and individuals involved in the proceeding have a duty of candor and good faith to the Office during the course of a proceeding. (b)Signature. Every petition, response, written motion, and other paper filed in a proceeding must comply with the signature requirements set forth in § 11.18(a) of this chapter. The Board may expunge any unsigned submission unless the omission is promptly corrected after being called to the counsel's or party's attention. (c)Representations to

  9. 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,