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Chr. Hansen A/S

2020003750 (P.T.A.B. Dec. 8, 2020)
Chr. Hansen A/S

8 Cited authorities

  1. Bonito Boats, Inc. v. Thunder Craft Boats, Inc.

    489 U.S. 141 (1989)   Cited 581 times   16 Legal Analyses
    Holding that a state law prohibiting people from copying unpatentable boat hull designs was preempted because it sought to provide patent-like protection to boat designs not protectable by patent laws and it "contravenes the ultimate goal of public disclosure and use that is the centerpiece of federal patent policy"

  2. Smithkline Beecham Corp. v. Apotex Corp.

    439 F.3d 1312 (Fed. Cir. 2006)   Cited 281 times   3 Legal Analyses
    Holding arguments insufficiently developed in briefing are forfeited

  3. In re Oetiker

    977 F.2d 1443 (Fed. Cir. 1992)   Cited 66 times   9 Legal Analyses
    Reversing for "improperly combined" references, because "[i]f examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent"

  4. Biogen Ma Inc. v. EMD Serono, Inc.

    976 F.3d 1326 (Fed. Cir. 2020)   Cited 7 times   2 Legal Analyses

    2019-1133 09-28-2020 BIOGEN MA INC., Plaintiff -Appellee v. EMD SERONO, INC., Pfizer Inc., Defendants-Appellants Bayer Healthcare Pharmaceuticals Inc., Novartis Pharmaceuticals Corporation, Defendants Nicholas P. Groombridge, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, argued for plaintiff-appellee. Also represented by Peter Sandel, Eric Alan Stone, Jenny Chia Cheng Wu, Josephine Young ; David J. Ball, Jr., Washington, DC; John D. Tortorella, Kevin H. Marino, Marino Tortorella & Boyle

  5. 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."

  6. 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"

  7. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622

  8. Section 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and