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Ex Parte Davis et al

10051928 (B.P.A.I. Sep. 15, 2011)
Ex Parte Davis et al

9 Cited authorities

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

    150 F.3d 1354 (Fed. Cir. 1998)   Cited 196 times   1 Legal Analyses
    Holding award of damages for breach of contract was properly based on licensing fee established by expert testimony

  2. Trintec Industries, Inc. v. Top-U.S.A. Corp.

    295 F.3d 1292 (Fed. Cir. 2002)   Cited 90 times
    Noting that the "test for novelty" requires "strict identity"

  3. Kalman v. Kimberly-Clark Corp.

    713 F.2d 760 (Fed. Cir. 1983)   Cited 111 times
    In Kalman, this court determined that the district court's fact finding of identity of invention (reached after a four day bench trial) was not clearly erroneous, and that "the stipulation by the parties, coupled with [Kimberly Clark's] failure to counter Kalman's affidavits and evidence submitted in his motion for summary judgment" dictated a finding of infringement.

  4. In re Robertson

    169 F.3d 743 (Fed. Cir. 1999)   Cited 65 times
    Holding that inherent anticipation requires more than mere probability or possibility that the missing descriptive materials are present in the prior art

  5. In re Morris

    127 F.3d 1048 (Fed. Cir. 1997)   Cited 49 times   7 Legal Analyses
    Holding that, in reviewing a claim construction decided under the ‘broadest reasonable interpretation’ standard, we determine whether the interpretation is within the range of reasonableness

  6. In re Crish

    393 F.3d 1253 (Fed. Cir. 2004)   Cited 19 times   1 Legal Analyses

    No. 04-1075. December 21, 2004. Appeal from the Board of Patent Appeals and Interferences. Peter G. Carroll, Medlen Carroll, LLP, of San Francisco, California, argued for appellants. With him on the brief was Thomas W. Brown. Mary L. Kelly, Associate Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the United States Patent and Trademark Office. With her on the brief were John M. Whealan, Solicitor, and William G. Jenks, Associate Solicitor.

  7. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,010 times   1009 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  8. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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"

  9. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 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