Ex Parte NTP, Inc. et al

125 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,547 times   185 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. Concrete Pipe Prods. v. Constr. Laborers Trust

    508 U.S. 602 (1993)   Cited 1,532 times   7 Legal Analyses
    Holding that withdrawal liability as applied to Concrete Pipe, the employer, did not violate the Fifth Amendment because the imposition of withdrawal liability was clearly rational inasmuch as the employer's liability was based on a proportion of its contributions during its participation in the plan
  3. Edison Co. v. Labor Board

    305 U.S. 197 (1938)   Cited 19,289 times   6 Legal Analyses
    Holding that a Board order cannot be grounded in hearsay
  4. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,179 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness
  5. U.S. v. Dunkel

    927 F.2d 955 (7th Cir. 1991)   Cited 2,299 times   5 Legal Analyses
    Holding that "Judges are not like pigs, hunting for truffles buried in" the record
  6. Liebel-Flarsheim Company v. Medrad, Inc.

    358 F.3d 898 (Fed. Cir. 2004)   Cited 1,324 times   6 Legal Analyses
    Holding that claim terms are given the full breadth of their ordinary meaning unless a clear disavowal of scope is stated in the specification
  7. Halliburton Energy v. M-I LLC

    514 F.3d 1244 (Fed. Cir. 2008)   Cited 452 times   7 Legal Analyses
    Holding that a claim is "indefinite if a [claim] term does not have proper antecedent basis"
  8. NTP, Inc. v. Research in Motion, Ltd.

    418 F.3d 1282 (Fed. Cir. 2005)   Cited 463 times   16 Legal Analyses
    Holding actual use dispositive, regardless of the type of transfer
  9. 49er Chevrolet, Inc. v. General Motors Corp.

    480 U.S. 947 (1987)   Cited 248 times
    Discussing determination of priority of invention under § 102(g), and noting that "§ 102(g) prior art can be used for § 103", id. at 1371 n. 1, 231 USPQ 84 n. 1
  10. Constant v. Advanced Micro-Devices, Inc.

    848 F.2d 1560 (Fed. Cir. 1988)   Cited 746 times   4 Legal Analyses
    Holding that evidence of routine business practice can be used to prove that a reference was accessible
  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,361 times   1046 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 6,129 times   479 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 5,993 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
  14. Section 132 - Notice of rejection; reexamination

    35 U.S.C. § 132   Cited 309 times   47 Legal Analyses
    Prohibiting addition of "new matter"
  15. 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"
  16. Section 305 - Conduct of reexamination proceedings

    35 U.S.C. § 305   Cited 175 times   12 Legal Analyses
    Noting that "reexamination will be conducted according to the procedures established for initial examination under the provisions of Sections 132 and 133"
  17. 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

  18. Section 306 - Appeal

    35 U.S.C. § 306   Cited 42 times   1 Legal Analyses
    Providing that a petitioner can appeal adverse decisions to the Federal Circuit after reexaminations are complete
  19. Section 1.131 - Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art

    37 C.F.R. § 1.131   Cited 117 times   16 Legal Analyses
    Allowing inventors to contest rejection by submitting an affidavit "to establish invention of the subject matter of the rejected claim prior to the effective date of the reference or activity on which the rejection is based"
  20. Section 1.132 - Affidavits or declarations traversing rejections or objections

    37 C.F.R. § 1.132   Cited 104 times   14 Legal Analyses

    When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise provided for must be by way of an oath or declaration under this section. 37 C.F.R. §1.132 65 FR 57057 , Sept. 20, 2000 Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 7 is placed in the

  21. 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
  22. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well