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Ex Parte McKenzie et al

13629084 (P.T.A.B. Nov. 21, 2018)
Ex Parte McKenzie et al

10 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,569 times   187 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. 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"

  3. Belden Inc. v. Berk-Tek LLC

    805 F.3d 1064 (Fed. Cir. 2015)   Cited 115 times   21 Legal Analyses
    Holding that a declaration appended to a reply brief "fairly respond[ed] only to arguments made in ... [the patent owner]'s response," as required by § 42.23(b), and that the patent owner had "a meaningful opportunity to respond," as required by the APA

  4. InTouch Technologies, Inc. v. VGo Communications, Inc.

    751 F.3d 1327 (Fed. Cir. 2014)   Cited 106 times   3 Legal Analyses
    Holding that expert's testimony could not support a finding of obviousness where "testimony primarily consisted of conclusory references to [the expert's] belief that one of ordinary skill in the art could combine these references, not that they would have been motivated to do so"

  5. In re Kotzab

    217 F.3d 1365 (Fed. Cir. 2000)   Cited 120 times   1 Legal Analyses
    Holding that for a patent to be obvious, "there must be some motivation, suggestion or teaching of the desirability of making the specific combination that was made by the applicant."

  6. Sensonics, Inc. v. Aerosonic Corp.

    81 F.3d 1566 (Fed. Cir. 1996)   Cited 135 times   2 Legal Analyses
    Remanding case to district court for consideration of whether parties' conduct was so vexatious that case may be deemed exceptional

  7. Metalcraft of Mayville, Inc. v. the Toro Co.

    848 F.3d 1358 (Fed. Cir. 2017)   Cited 73 times   2 Legal Analyses
    Finding that the district court did not abuse its discretion in rejecting the obviousness argument of a party seeking to avoid a preliminary injunction where the party did not provide any evidence as to a motivation to combine prior art references

  8. Interconnect Planning Corp. v. Feil

    774 F.2d 1132 (Fed. Cir. 1985)   Cited 175 times   1 Legal Analyses
    Holding "[t]he invention must be viewed not with the blueprint drawn by the inventor, but in the state of the art that existed at the time"

  9. 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"

  10. 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