EMC CORPORATION and VMWARE, INC v PERSONALWEB TECHNOLOGIES, LLC and LEVEL 3 COMMUNICATIONS, LLC

37 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,517 times   168 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 3,152 times   48 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness
  3. Renishaw PLC v. Marposs Societa' Per Azioni

    158 F.3d 1243 (Fed. Cir. 1998)   Cited 1,694 times   4 Legal Analyses
    Holding that there must be a claim term in need of clarification in order to draw in statements from the written description
  4. Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 585 times   76 Legal Analyses
    Holding that our written description requirement requires that a specification “reasonably convey to those skilled in the art” that the inventor “actually invented” and “had possession of the claimed subject matter as of the filing date [of the invention]”
  5. Seachange Intern., Inc. v. C-Cor, Inc.

    413 F.3d 1361 (Fed. Cir. 2005)   Cited 357 times   4 Legal Analyses
    Holding that the presumption established by claim differentiation was rebutted because the written description “consistently” referred to the claim term in a specific manner and arguments made during prosecution amounted to a clear and unambiguous disclaimer of claim scope
  6. Micro Chemical v. Great Plains Chemical

    194 F.3d 1250 (Fed. Cir. 1999)   Cited 404 times   1 Legal Analyses
    Holding district court erroneously overlooked alternative embodiments of the invention when it concluded that the means-plus function clause could only cover the structure of the preferred embodiment
  7. Net Moneyin v. Verisign

    545 F.3d 1359 (Fed. Cir. 2008)   Cited 278 times   6 Legal Analyses
    Holding that, to anticipate, a single prior art reference must not only disclose all the limitations claimed but also must disclose those limitations "arranged or combined in the same way as recited in the claim"
  8. Odetics, Inc. v. Storage Technology Corp.

    185 F.3d 1259 (Fed. Cir. 1999)   Cited 313 times
    Holding that a dispute about the district court's limitation of the time period during which the jury could find willful infringement was moot in view of the court's determination that the district court did not abuse its discretion in declining to award enhanced damages
  9. E.I. Du Pont de Nemours Co. v. Phillips Petroleum Co.

    849 F.2d 1430 (Fed. Cir. 1988)   Cited 319 times   1 Legal Analyses
    Holding that it is improper to read a limitation "into a claim from the specification wholly apart from any need to interpret what the patentee meant by particular words or phrases in the claim."
  10. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 230 times   3 Legal Analyses
    Holding an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "'set out his uncommon definition in some manner within the patent disclosure' so as to give one of ordinary skill in the art notice of the change" in meaning
  11. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,609 times   253 Legal Analyses
    Adopting the Daubert standard
  12. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 22,471 times   81 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
  13. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 13,360 times   34 Legal Analyses
    Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
  14. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,268 times   1021 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it
  15. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,935 times   942 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
  16. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,140 times   47 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
  17. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 3,808 times   11 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay
  18. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 369 times   624 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"
  19. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 181 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"
  20. 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)
  21. Section 42.100 - Procedure; pendency

    37 C.F.R. § 42.100   Cited 186 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"
  22. Section 42.23 - Oppositions, replies, and sur-replies

    37 C.F.R. § 42.23   Cited 39 times   39 Legal Analyses
    Taking testimony
  23. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 17 times   47 Legal Analyses
    Regarding judgments
  24. 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,