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B/E Aerospace, Inc. v. MAG Aerospace Industries, LLC

10054061 (P.T.A.B. Mar. 18, 2016)
B/E Aerospace, Inc. v. MAG Aerospace Industries, LLC

47 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 27,534 times   244 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  2. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,575 times   189 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"

  3. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,190 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  4. 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

  5. Sundance, Inc. v. DeMonte Fabricating Ltd.

    550 F.3d 1356 (Fed. Cir. 2008)   Cited 186 times   9 Legal Analyses
    Holding that the district court abused its discretion in permitting a witness not qualified as an expert in the pertinent art to testify as an expert regarding issues of noninfringement or invalidity

  6. Liquid Dynamics Corp. v. Vaughan Co., Inc.

    449 F.3d 1209 (Fed. Cir. 2006)   Cited 194 times   2 Legal Analyses
    Holding that a challenge as to parameters of test model goes to weight of the evidence

  7. Power-One Inc. v. Artesyn Technologies, Inc.

    599 F.3d 1343 (Fed. Cir. 2010)   Cited 147 times   3 Legal Analyses
    Finding that a claim is not indefinite if "the meaning of the claim is discernible, even though the task may be formidable and the conclusions may be one over which reasonable persons will disagree."

  8. Newell Companies, Inc. v. Kenney Mfg. Co.

    864 F.2d 757 (Fed. Cir. 1988)   Cited 222 times   3 Legal Analyses
    Holding that because the record established such a strong case of obviousness based on the teachings of the prior art, the fact that the product was successful does not overcome the conclusion of obviousness

  9. In re Fulton

    391 F.3d 1195 (Fed. Cir. 2004)   Cited 85 times   8 Legal Analyses
    Holding that "a particular combination" need not "be the preferred, or the most desirable, combination described in the prior art in order to provide motivation"

  10. In re Applied Materials, Inc.

    692 F.3d 1289 (Fed. Cir. 2012)   Cited 66 times   4 Legal Analyses
    Concluding that the board correctly rejected claims as obvious where "there was no indication that obtaining the claimed dimensions was beyond the capabilities of one of ordinary skill in the art or produced any unexpectedly beneficial properties"

  11. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 28,162 times   296 Legal Analyses
    Adopting the Daubert standard

  12. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 23,746 times   88 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  13. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 14,181 times   36 Legal Analyses
    Stating that evidence is relevant if it has "any tendency to make a fact more or less probable than it would be without the evidence" and "the fact is of consequence in determining the action"

  14. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 7,121 times   13 Legal Analyses
    Stating that relevant evidence is generally admissible at trial

  15. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,172 times   492 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."

  16. Section 311 - Inter partes review

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

  17. 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"

  18. 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)

  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 42.51 - Discovery

    37 C.F.R. § 42.51   Cited 36 times   63 Legal Analyses
    Authorizing additional discovery when it is "in the interests of justice"

  21. 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"

  22. 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

  23. Section 42.73 - Judgment

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

  24. 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

  25. 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

  26. Section 42.123 - Filing of supplemental information

    37 C.F.R. § 42.123   Cited 9 times   38 Legal Analyses
    Explaining that the late submission of supplemental information must be in the interests of justice

  27. Section 42.64 - Objection; motion to exclude

    37 C.F.R. § 42.64   Cited 4 times   24 Legal Analyses

    (a)Deposition evidence. An objection to the admissibility of deposition evidence must be made during the deposition. Evidence to cure the objection must be provided during the deposition, unless the parties to the deposition stipulate otherwise on the deposition record. (b)Other evidence. For evidence other than deposition evidence: (1)Objection. Any objection to evidence submitted during a preliminary proceeding must be filed within ten business days of the institution of the trial. Once a trial

  28. Section 42.14 - Public availability

    37 C.F.R. § 42.14   Cited 1 times   3 Legal Analyses

    The record of a proceeding, including documents and things, shall be made available to the public, except as otherwise ordered. A party intending a document or thing to be sealed shall file a motion to seal concurrent with the filing of the document or thing to be sealed. The document or thing shall be provisionally sealed on receipt of the motion and remain so pending the outcome of the decision on the motion. 37 C.F.R. §42.14