§

BlackBerry Limited

IPR2019-00899 (P.T.A.B. Oct. 6, 2020)
BlackBerry Limited

32 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,551 times   185 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 5,844 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 3,181 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  4. Scimed Life Sys. v. Adv. Cardiovascular

    242 F.3d 1337 (Fed. Cir. 2001)   Cited 866 times   11 Legal Analyses
    Holding that description of "present invention" in specification is limiting on claim

  5. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 747 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

  6. 3M Innovative Props. Co. v. Tredegar Corp.

    725 F.3d 1315 (Fed. Cir. 2013)   Cited 318 times   5 Legal Analyses
    Finding no disavowal when the term "substantially continuous contact" was changed to "continuous contact" without explanation

  7. Trs. of Columbia Univ. in the City of N.Y. v. Symantec Corp.

    811 F.3d 1359 (Fed. Cir. 2016)   Cited 260 times   7 Legal Analyses
    Holding claims describing the extraction of machine code instructions from something that did not have machine code instructions indefinite as "nonsensical in the way a claim to extracting orange juice from apples would be"

  8. Aylus Networks, Inc. v. Apple Inc.

    856 F.3d 1353 (Fed. Cir. 2017)   Cited 218 times   14 Legal Analyses
    Holding that "statements made by a patent owner during an IPR proceeding can be considered during claim construction and relied upon to support a finding of prosecution disclaimer"

  9. Depuy Spine, Inc. v. Medtronic Sofamor Danek

    567 F.3d 1314 (Fed. Cir. 2009)   Cited 262 times   7 Legal Analyses
    Holding that the first prong was not met when “the record developed in the infringement proceeding ..., show[ed] that the question of equivalence was a close one,” particularly in light of the intensely factual inquiry involved in the doctrine of equivalents analysis

  10. Kemco Sales, Inc. v. Control Papers Co.

    208 F.3d 1352 (Fed. Cir. 2000)   Cited 251 times
    Holding that the corresponding structure was not just a "flat rectangle, but a plastic flap that folds over [an] envelope's opening and is secured to the outside of one or both panels of the envelope"

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

    35 U.S.C. § 103   Cited 6,133 times   479 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 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,947 times   140 Legal Analyses
    Granting a presumption of validity to patents

  13. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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"

  14. 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)

  15. 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"

  16. Section 42.8 - Mandatory notices

    37 C.F.R. § 42.8   Cited 11 times   12 Legal Analyses
    Requiring a party to "[i]dentify each real party-in-interest for the party"