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Ex Parte Kotler et al

12142821 (P.T.A.B. Feb. 28, 2017)
Ex Parte Kotler et al

9 Cited authorities

  1. 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”

  2. Randall Mfg. v. Rea

    733 F.3d 1355 (Fed. Cir. 2013)   Cited 85 times   2 Legal Analyses
    Reversing finding of non-obviousness where court “narrowly focus[ed] on the four prior-art references” and ignored record evidence of “the knowledge and perspective of one of ordinary skill in the art” to explain motivation to combine or modify references

  3. Plantronics, Inc. v. Aliph, Inc.

    724 F.3d 1343 (Fed. Cir. 2013)   Cited 71 times   3 Legal Analyses
    Vacating in part and reversing in part the granting of summary judgment in favor of the defendant where the evidence pertaining to objective considerations raised genuine issues of material fact on the issue of obviousness

  4. Mintz v. Dietz & Watson, Inc.

    679 F.3d 1372 (Fed. Cir. 2012)   Cited 66 times   8 Legal Analyses
    Holding that the district court committed error by “us[ing] the invention to define the problem that the invention solves”

  5. Arendi S.A.R.L. v. Apple Inc.

    832 F.3d 1355 (Fed. Cir. 2016)   Cited 54 times   16 Legal Analyses
    Affirming that courts should "consider common sense, common wisdom, and common knowledge in analyzing obviousness"

  6. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,409 times   1061 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

  7. 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."

  8. 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"

  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