Ericsson, Inc. v. Intellectual Ventures I LLC

37 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,519 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. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,709 times   164 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 3,153 times   48 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness
  4. Thorner v. Sony Computer Entertainment America LLC

    669 F.3d 1362 (Fed. Cir. 2012)   Cited 1,035 times   10 Legal Analyses
    Holding that “flexible” should be given its plain and ordinary meaning and reversing the construction of “capable of being noticeably flexed with ease”
  5. Interactive Gift Exp., Inc. v. Compuserve

    256 F.3d 1323 (Fed. Cir. 2001)   Cited 660 times   1 Legal Analyses
    Holding that although a party cannot change the scope of its claim construction on appeal, it is not precluded “from proffering additional or new supporting arguments, based on evidence of record, for its claim construction”
  6. Pfizer v. Apotex

    480 F.3d 1348 (Fed. Cir. 2007)   Cited 368 times   7 Legal Analyses
    Holding the district court clearly erred when it failed to consider relevant prior art
  7. Eurand, Inc. v. Mylan Pharms. Inc. (In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litig.)

    676 F.3d 1063 (Fed. Cir. 2012)   Cited 304 times   13 Legal Analyses
    Holding that “the proper inquiry [in a best mode analysis] focuses on the adequacy of the disclosure rather than motivation for any nondisclosure”
  8. In re Gleave

    560 F.3d 1331 (Fed. Cir. 2009)   Cited 149 times
    Finding that the prior art reference was enabling and stating that “the fact that [the reference] provides ‘no understanding of which of the targets would be useful’ is of no import, because [the patent applicant] admits that it is well within the skill of an ordinary person in the art to make any oligodeoxynucleotide sequence”
  9. Aventis Pharma S.A. v. Hospira, Inc.

    675 F.3d 1324 (Fed. Cir. 2012)   Cited 128 times   5 Legal Analyses
    Finding the existence of a characteristic in one or more, or even all, embodiments not enough to impose a limitation on the claim language
  10. American Calcar v. American Honda Motor Co.

    651 F.3d 1318 (Fed. Cir. 2011)   Cited 126 times   1 Legal Analyses
    Finding that the term "in response to" connotes that the second events occurs in reaction to the first event."
  11. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,656 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities
  12. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,054 times   444 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."
  13. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,936 times   942 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
  14. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,144 times   47 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
  15. Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence

    Fed. R. Evid. 611   Cited 1,887 times   7 Legal Analyses
    Granting trial judge broad discretion to control witness examination
  16. Rule 807 - Residual Exception

    Fed. R. Evid. 807   Cited 1,554 times   11 Legal Analyses
    Requiring "sufficient guarantees of trustworthiness" under the residual exception to the hearsay rule
  17. Rule 1003 - Admissibility of Duplicates

    Fed. R. Evid. 1003   Cited 492 times   5 Legal Analyses
    Permitting duplicates
  18. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 396 times   186 Legal Analyses
    Establishing grounds and scope of IPR proceeding
  19. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 274 times   307 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"
  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 187 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 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 17 times   47 Legal Analyses
    Regarding judgments
  23. 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,