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ERICSSON INC v. Intellectual Ventures II LLC

13234904 (P.T.A.B. Feb. 19, 2016)
ERICSSON INC v. Intellectual Ventures II LLC

17 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,568 times   187 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 3,187 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. Perfect Web Technologies, Inc. v. InfoUSA, Inc.

    587 F.3d 1324 (Fed. Cir. 2009)   Cited 118 times   12 Legal Analyses
    Holding that “an analysis of obviousness ... may include recourse to logic, judgment, and common sense available to the person of ordinary skill [which] do[es] not necessarily require explication in any reference or expert opinion”

  4. In re GPAC Inc.

    57 F.3d 1573 (Fed. Cir. 1995)   Cited 168 times   2 Legal Analyses
    In GPAC, for example, we found that a reference disclosing an equilibrium air door was reasonably pertinent to a patent directed to asbestos removal because they both addressed the same problem of "maintaining a pressurized environment while allowing for human ingress and egress."

  5. Custom Accessories v. Jeffrey-Allan Indus

    807 F.2d 955 (Fed. Cir. 1986)   Cited 179 times   1 Legal Analyses
    Holding that upon reissue, the burden of proving invalidity is "made heavier"

  6. Ariosa Diagnostics v. Verinata Health, Inc.

    805 F.3d 1359 (Fed. Cir. 2015)   Cited 75 times   14 Legal Analyses
    In Ariosa, this court upheld the Board's rejection of a reply that relied on previously unidentified portions of a prior art reference to make a meaningfully distinct contention, because the cited portions of prior art were not identified or discussed in the petition or accompanying declarations.

  7. In re Translogic Technology

    504 F.3d 1249 (Fed. Cir. 2007)   Cited 44 times   2 Legal Analyses
    Recognizing that the Supreme Court set aside the rigid application of the TSM Test and ensured use of customary knowledge as an ingredient in that equation.

  8. In re Merck Co., Inc.

    800 F.2d 1091 (Fed. Cir. 1986)   Cited 70 times   2 Legal Analyses
    Holding that a person of skill in the art would have expected amitriptyline to resemble imipramine in the alleviation of depression in humans because of the drugs’ close structural similarity and similar use

  9. Okajima v. Bourdeau

    261 F.3d 1350 (Fed. Cir. 2001)   Cited 27 times   1 Legal Analyses
    Discussing how the prior art typically informs the question of the level of one of ordinary skill

  10. In re Keller

    642 F.2d 413 (C.C.P.A. 1981)   Cited 47 times   1 Legal Analyses
    Stating "[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference"

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

    35 U.S.C. § 103   Cited 6,160 times   489 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 311 - Inter partes review

    35 U.S.C. § 311   Cited 408 times   203 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  13. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 161 times   140 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  14. Section 42.100 - Procedure; pendency

    37 C.F.R. § 42.100   Cited 192 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"

  15. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 18 times   62 Legal Analyses
    Regarding judgments

  16. 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,