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Ex Parte Brydon et al

11193015 - (R) (P.T.A.B. Jun. 11, 2013)
Ex Parte Brydon et al

7 Cited authorities

  1. Ultramercial, Inc. v. Hulu, LLC

    722 F.3d 1335 (Fed. Cir. 2013)   Cited 102 times   22 Legal Analyses
    Stating that "it will be rare that a patent infringement suit can be dismissed at the pleading stage for lack of patentable subject matter ... because every issued patent is presumed to have been issued properly, absent clear and convincing evidence to the contrary"

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

    35 U.S.C. § 103   Cited 6,166 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."

  3. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,541 times   2297 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  4. 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"

  5. Section 7 - Library

    35 U.S.C. § 7   Cited 54 times   2 Legal Analyses
    Giving the Commissioner power to designate "at least three members of the Board of Appeals and Interferences" to review "adverse decisions of examiners upon applications for patents"

  6. Section 103 - Assent to purchase of lands for forts

    4 U.S.C. § 103

    The President of the United States is authorized to procure the assent of the legislature of any State, within which any purchase of land has been made for the erection of forts, magazines, arsenals, dockyards, and other needful buildings, without such consent having been obtained. 4 U.S.C. § 103 July 30, 1947, ch. 389, 61 Stat. 644.

  7. 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