§

BlackBerry Limited

IPR2019-00941 (P.T.A.B. Dec. 1, 2020)
BlackBerry Limited

22 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,569 times   187 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 5,882 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 3,187 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  4. C.R. Bard, Inc. v. U.S. Surgical Corp.

    388 F.3d 858 (Fed. Cir. 2004)   Cited 877 times   1 Legal Analyses
    Holding that after initial examination the claim in suit “[did] not necessarily require” that a surgical device be “pleated” but that arguments made during reexamination constituted a “clear disclaimer of scope” requiring “pleating”

  5. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 749 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. Aylus Networks, Inc. v. Apple Inc.

    856 F.3d 1353 (Fed. Cir. 2017)   Cited 220 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"

  7. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 149 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

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

    469 F.3d 1005 (Fed. Cir. 2006)   Cited 143 times
    Holding that Medtronic's bottom-loading screws, unlike its top-loading Vertex® screws, do not possess claim 1's "opening" limitation

  9. Sanofi-Aventis U.S., LLC v. Dr. Reddy's Labs., Inc.

    933 F.3d 1367 (Fed. Cir. 2019)   Cited 20 times   1 Legal Analyses
    Holding that any controversy over patent claims for which disclaimers were filed with the PTO during the pendency of the litigation is rendered moot

  10. Bos. Sci. Scimed, Inc. v. Cook Grp.

    No. 2019-1594 (Fed. Cir. Apr. 30, 2020)   Cited 3 times

    2019-1594 2019-1604 2019-1605 04-30-2020 BOSTON SCIENTIFIC SCIMED, INC., Appellant v. COOK GROUP INCORPORATED, COOK MEDICAL LLC, Cross-Appellants ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE, Intervenor DAVID A. CAINE, Arnold & Porter Kaye Scholer LLP, Palo Alto, CA, argued for appellant. Also represented by MATTHEW WOLF, Washington, DC. LAURA A. LYDIGSEN, Brinks Gilson & Lione, Chicago, IL, argued for cross-appellants

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

    35 U.S.C. § 103   Cited 6,165 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."

  12. Section 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,967 times   142 Legal Analyses
    Granting a presumption of validity to patents

  13. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 410 times   204 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  14. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 379 times   633 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  15. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 298 times   313 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  16. 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"

  17. 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)

  18. 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"

  19. Section 1.321 - Statutory disclaimers, including terminal disclaimers

    37 C.F.R. § 1.321   Cited 75 times   35 Legal Analyses
    Incorporating the language of § 253

  20. 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"

  21. 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"

  22. 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,