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Comcast Cable Communications, LLC

2020005220 (P.T.A.B. Dec. 2, 2021)
Comcast Cable Communications, LLC

29 Cited authorities

  1. United States v. Olano

    507 U.S. 725 (1993)   Cited 11,636 times   26 Legal Analyses
    Holding that plain error review requires a reviewing court to refrain from correcting an error unless it is plain and affects "substantial rights," such that the error "seriously affect the fairness, integrity or public reputation of judicial proceedings"

  2. Nautilus, Inc. v. Biosig Instruments, Inc.

    572 U.S. 898 (2014)   Cited 1,422 times   95 Legal Analyses
    Holding that claims are not indefinite if, "viewed in light of the specification and prosecution history, [they] inform those skilled in the art about the scope of the invention with reasonable certainty"

  3. Johnson v. Zerbst

    304 U.S. 458 (1938)   Cited 8,887 times   19 Legal Analyses
    Holding that a waiver of constitutional rights must be knowing and intelligent

  4. Interval Licensing LLC v. AOL, Inc.

    766 F.3d 1364 (Fed. Cir. 2014)   Cited 432 times   10 Legal Analyses
    Holding terms of degree are not inherently indefinite as long as claim language provides enough certainty to one of skill in art when read in context of invention

  5. Smithkline Beecham Corp. v. Apotex Corp.

    403 F.3d 1331 (Fed. Cir. 2005)   Cited 254 times   8 Legal Analyses
    Holding a chemical patent inherently anticipated and stating that it was irrelevant whether the inherently disclosed chemical was ever actually produced

  6. Eibel Co. v. Paper Co.

    261 U.S. 45 (1923)   Cited 520 times   7 Legal Analyses
    Holding that the oral testimony of prior public use "falls short of being enough to overcome the presumption of novelty from the granting of the patent" when "there is not a single written record, letter or specification of prior date to [the patentee's] application that discloses any such discovery by anyone. . . ."

  7. In re Google Tech.

    980 F.3d 858 (Fed. Cir. 2020)   Cited 69 times   1 Legal Analyses
    Explaining that courts and litigants often use the term "waiver" when applying the doctrine of forfeiture

  8. Leapfrog v. Fisher-Price

    485 F.3d 1157 (Fed. Cir. 2007)   Cited 90 times   5 Legal Analyses
    Holding that the objective considerations of nonobviousness presented, including substantial evidence of commercial success, praise, and long-felt need, were inadequate to overcome a strong showing of primary considerations that rendered the claims at issue invalid

  9. Icon Health & Fitness, Inc. v. Strava, Inc.

    849 F.3d 1034 (Fed. Cir. 2017)   Cited 48 times   4 Legal Analyses
    Holding that the Board incorporated the Examiner's findings by reference because it particularly identified the Right of Appeal Notice and the specific page ranges where the incorporated material could be found

  10. Cheese Sys., Inc. v. Tetra Pak Cheese & Powder Sys., Inc.

    725 F.3d 1341 (Fed. Cir. 2013)   Cited 53 times
    Affirming district court's striking in part of an expert declaration that included untimely disclosures

  11. 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."

  12. 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"

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

    35 U.S.C. § 134   Cited 99 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

  14. Section 1.131 - Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art

    37 C.F.R. § 1.131   Cited 118 times   17 Legal Analyses
    Allowing inventors to contest rejection by submitting an affidavit "to establish invention of the subject matter of the rejected claim prior to the effective date of the reference or activity on which the rejection is based"

  15. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  16. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  17. Section 1.136 - [Effective until 1/19/2025] Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)

  18. Section 1.130 - Affidavit or declaration of attribution or prior public disclosure under the Leahy-Smith America Invents Act

    37 C.F.R. § 1.130   Cited 4 times   15 Legal Analyses

    (a)Affidavit or declaration of attribution. When any claim of an application or a patent under reexamination is rejected, the applicant or patent owner may submit an appropriate affidavit or declaration to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. (b)Affidavit or declaration of prior public disclosure. When any claim

  19. 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