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Ex Parte Douglass et al

14321038 - (D) (P.T.A.B. Jun. 28, 2019)
Ex Parte Douglass et al

17 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,891 times   170 Legal Analyses
    Holding Texas Digital approach "improperly restricts the role of the specification in claim construction"

  2. Thorner v. Sony Computer Entertainment America LLC

    669 F.3d 1362 (Fed. Cir. 2012)   Cited 1,085 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”

  3. Pitney Bowes v. Hewlett-Packard Company

    182 F.3d 1298 (Fed. Cir. 1999)   Cited 1,028 times   4 Legal Analyses
    Holding that if, "when read in the context of the entire claim," the preamble "recites limitations of the claim., or . . . is `necessary to give life, meaning, and vitality' to" the claim, the preamble language is properly treated as limiting

  4. Scimed Life Sys. v. Adv. Cardiovascular

    242 F.3d 1337 (Fed. Cir. 2001)   Cited 870 times   11 Legal Analyses
    Holding that description of "present invention" in specification is limiting on claim

  5. Symantec v. Computer Assoc

    522 F.3d 1279 (Fed. Cir. 2008)   Cited 223 times   1 Legal Analyses
    Holding that evidence of discussions between named inventor and putative co-inventor concerning subject matter of claimed invention was insufficient to establish co-inventorship

  6. Helmsderfer v. Bobrick Washroom Equipment

    527 F.3d 1379 (Fed. Cir. 2008)   Cited 221 times
    Finding dictionary definitions supported district court's claim construction

  7. Cont'l Circuits LLC v. Intel Corp.

    915 F.3d 788 (Fed. Cir. 2019)   Cited 123 times   3 Legal Analyses
    Finding no disclaimer where use of "the present invention" does not describe invention as a whole

  8. Rambus Inc. v. Rea

    731 F.3d 1248 (Fed. Cir. 2013)   Cited 72 times   5 Legal Analyses
    Holding that the Board erred when it found objective evidence lacked a nexus where at least some of the evidence related to the "patented design as a whole"

  9. In re Am. Academy of Science Tech Ctr.

    367 F.3d 1359 (Fed. Cir. 2004)   Cited 90 times   2 Legal Analyses
    Holding that descriptions of deficiencies of using mainframe computers set out in the "Background of the Invention" portion of the specification did not exclude mainframes from the definition of "'user computer'" where the "specification as a whole" did not express a clear disavowal of that subject matter

  10. Santarus, Inc. v. Par Pharm., Inc.

    694 F.3d 1344 (Fed. Cir. 2012)   Cited 68 times   15 Legal Analyses
    Finding that "[d]ue to breaks in the chain of priority," the "[parent] patent [was] prior art for some of the asserted claims"

  11. 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."