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Ex Parte Chen

30 Cited authorities

  1. Markman v. Westview Instruments, Inc.

    517 U.S. 370 (1996)   Cited 5,486 times   66 Legal Analyses
    Holding that claim construction is a matter of law for the court

  2. Markman v. Westview Instruments, Inc.

    52 F.3d 967 (Fed. Cir. 1995)   Cited 5,228 times   12 Legal Analyses
    Holding that inventor testimony as to "[t]he subjective intent of the inventor when he used a particular term is of little or no probative weight in determining the scope of a claim (except as documented in the prosecution history)."

  3. Ferguson Beauregard/Logic Controls v. Mega Systems, LLC

    350 F.3d 1327 (Fed. Cir. 2003)   Cited 280 times   2 Legal Analyses
    Holding that "inequitable conduct, while a broader concept than fraud, must be pled with particularity"

  4. Carroll Touch, Inc. v. Electro Mechanical Systems, Inc.

    3 F.3d 404 (Fed. Cir. 1993)   Cited 344 times
    Finding that "[a]s the party moving for attorney fees, the burden was on [the prevailing party] to prove the exceptional nature of the case by clear and convincing evidence"

  5. W.L. Gore Associates, Inc. v. Garlock

    721 F.2d 1540 (Fed. Cir. 1983)   Cited 327 times   7 Legal Analyses
    Holding the district court erred by "considering the references in less than their entireties, i.e., in disregarding disclosures in the references that diverge from and teach away from the invention at hand"

  6. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 232 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

  7. Celeritas Technologies, Ltd. v. Rockwell International Corp.

    150 F.3d 1354 (Fed. Cir. 1998)   Cited 197 times   1 Legal Analyses
    Holding award of damages for breach of contract was properly based on licensing fee established by expert testimony

  8. Moba, B.V. v. Diamond Automation, Inc

    325 F.3d 1306 (Fed. Cir. 2003)   Cited 129 times
    Finding that there was no record evidence recounting the amount of experimentation one of skill in the art would require to develop the claimed invention based on the patent's disclosure

  9. Pro-Mold Tool Co. v. Great Lakes Plastics

    75 F.3d 1568 (Fed. Cir. 1996)   Cited 155 times   2 Legal Analyses
    Holding that, though we do not have exclusive jurisdiction over unfair competition claims, our own circuit law nonetheless determines when inequitable conduct also constitutes unfair competition

  10. Lindemann Maschinenfabrik v. Am. Hoist

    730 F.2d 1452 (Fed. Cir. 1984)   Cited 200 times   4 Legal Analyses
    Holding that claims are not to be treated as "mere catalogs of separate parts, in disregard of the part-to-part relationships set forth in the claims and that give the claims their meaning"

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,423 times   1070 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

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

    35 U.S.C. § 103   Cited 6,174 times   493 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 6,034 times   1029 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  14. 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

  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