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Ciena Corp. v. Capella Photonics, Inc.

12815930 (P.T.A.B. Feb. 17, 2016)
Ciena Corp. v. Capella Photonics, Inc.

22 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,520 times   172 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. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,156 times   52 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. Teleflex, Inc. v. Ficosa North America Corp.

    299 F.3d 1313 (Fed. Cir. 2002)   Cited 1,444 times   7 Legal Analyses
    Holding a patentee may define a claim term by implication, through the term's consistent use throughout the specification

  4. Pitney Bowes v. Hewlett-Packard Company

    182 F.3d 1298 (Fed. Cir. 1999)   Cited 1,006 times   3 Legal Analyses
    Holding that if, "when read in the context of the entire claim," the preamble "recites limitations of the claim., or . . . is `necessary to give life, meaning, and vitality' to" the claim, the preamble language is properly treated as limiting

  5. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 730 times   4 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. Conoco, Inc. v. Energy Envtl. Intern

    460 F.3d 1349 (Fed. Cir. 2006)   Cited 235 times   2 Legal Analyses
    Holding that applicant's argument that "a fatty acid wax was not the same as a metal stearate" clearly disavowed metal stearates as equivalents, but did not surrender all fatty acid wax equivalents

  7. K-2 Corporation v. Salomon S.A

    191 F.3d 1356 (Fed. Cir. 1999)   Cited 275 times   1 Legal Analyses
    Holding "said non-rigid shoe portion being permanently affixed to said base portion at least at said toe area and said heel area for substantially preventing movement therebetween at least in a horizontal plane" was a claim limitation that required the attachment to prevent the bootie from sliding around on top of the base and that the limitation spoke to the structural requirements of the attachment

  8. Hewlett-Packard Co. v. Bausch Lomb Inc.

    909 F.2d 1464 (Fed. Cir. 1990)   Cited 316 times   7 Legal Analyses
    Holding § 271(c) codified common law doctrine prohibiting sale of "component" that "had no other use except with claimed product or process"

  9. In re Fulton

    391 F.3d 1195 (Fed. Cir. 2004)   Cited 76 times   7 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. Dynamic Drinkware, LLC v. National Graphics, Inc.

    800 F.3d 1375 (Fed. Cir. 2015)   Cited 38 times   17 Legal Analyses
    Stating that once the petitioner meets its initial burden of going forward with evidence that there is anticipating prior art, the patent owner has "the burden of going forward with evidence either that the prior art does not actually anticipate, or . . . that it is not prior art because the asserted claim is entitled to the benefit of a filing date prior to the alleged prior art." (quoting Tech. Licensing Corp. v. Videotek, Inc., 545 F.3d 1316, 1327 (Fed. Cir. 2008))

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

    35 U.S.C. § 103   Cited 6,059 times   449 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 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,940 times   953 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 370 times   625 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  14. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 159 times   137 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  15. Section 2312 - Warranty of title and against infringement; buyer's obligation against infringement

    Cal. Com. Code § 2312   Cited 22 times   1 Legal Analyses

    (1) Subject to subdivision (2) there is in a contract for sale a warranty by the seller that (a) The title conveyed shall be good, and its transfer rightful; and (b) The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge. (2) A warranty under subdivision (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not

  16. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 17 times   47 Legal Analyses
    Regarding judgments

  17. 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,