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BAXTER HEALTHCARE CORP et al v. MILLENIUM BIOLOGIX, LLC

09971148 - (R) (P.T.A.B. Mar. 21, 2014)
BAXTER HEALTHCARE CORP et al v. MILLENIUM BIOLOGIX, LLC

14 Cited authorities

  1. Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 619 times   79 Legal Analyses
    Holding that our written description requirement requires that a specification “reasonably convey to those skilled in the art” that the inventor “actually invented” and “had possession of the claimed subject matter as of the filing date [of the invention]”

  2. Hyatt v. Boone

    146 F.3d 1348 (Fed. Cir. 1998)   Cited 70 times   3 Legal Analyses
    Holding that Board was required to decide priority issue even though applicant had requested conversion of his application to a statutory invention registration during interference

  3. Shu-Hui Chen v. Bouchard

    347 F.3d 1299 (Fed. Cir. 2003)   Cited 55 times   3 Legal Analyses
    Holding lab notebooks to be uncorroborated where their authors could not produce witnesses to verify their contents

  4. PPG Industries, Inc. v. Celanese Polymer Specialties Co.

    840 F.2d 1565 (Fed. Cir. 1988)   Cited 80 times   4 Legal Analyses
    Holding that the trial court abused its discretion in refusing to award fees based on lack of documentation when counsel failed to keep contemporaneous time records, but furnished affidavits and corroborative business records

  5. Application of Smythe

    480 F.2d 1376 (C.C.P.A. 1973)   Cited 46 times   1 Legal Analyses
    Discussing circumstances in which a species may be representative of and therefore descriptive of genus claims

  6. Langer v. Kaufman

    465 F.2d 915 (C.C.P.A. 1972)   Cited 23 times
    In Langer, the court extended Heard to provide that where there is an objective basis for identifying the novel features of an invention, there must be evidence that the inventor timely considered it. The facts of the Langer interference were essentially identical to those in Heard: the invention called for a catalyst using a particular crystalline compound, and as defined in the count the new compound was identified by a characteristic x-ray diffraction pattern.

  7. Heard v. Burton

    333 F.2d 239 (C.C.P.A. 1964)   Cited 26 times
    In Heard, our predecessor court held, in the context of an interference contest, that a party who first reduced to practice, but who "fail[ed] to recognize that he had produced a new form [of matter]... is indicative that he never conceived the invention."

  8. Application of Reynolds

    443 F.2d 384 (C.C.P.A. 1971)   Cited 6 times

    Patent Appeal No. 8526. June 10, 1971. Cornelius J. O'Connor, Chicago, Ill., attorney of record, for appellant; Homer R. Montague, Washington, D.C., John J. Pederson, Chicago, Ill., of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; Fred W. Sherling, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN and LANE, Judges, and LANDIS, Judge, United States Customs Court, sitting by designation. LANE, Judge. This appeal is from the decision of the Patent Office Board

  9. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,420 times   1069 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

  10. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,033 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  11. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 410 times   205 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  12. Section 119 - Benefit of earlier filing date; right of priority

    35 U.S.C. § 119   Cited 271 times   77 Legal Analyses
    Governing claiming priority to an earlier-filed provisional application

  13. 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"

  14. 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