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Ex parte Staron

10 Cited authorities

  1. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,190 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  2. C.R. Bard, Inc. v. M3 Systems, Inc.

    157 F.3d 1340 (Fed. Cir. 1998)   Cited 385 times   3 Legal Analyses
    Holding that a "jury instruction on patent misuse" was overbroad, where it "focused primarily on the charge that [the patent holder] was attempting to enforce the patents against goods known not to be infringing"

  3. In re Rouffet

    149 F.3d 1350 (Fed. Cir. 1998)   Cited 160 times   2 Legal Analyses
    Holding that objective evidence of nonobviousness [secondary considerations] "includes copying, long felt but unsolved need, failure of others, commercial success, unexpected results created by the claimed invention, unexpected properties of the claimed invention, licenses showing industry respect for the invention, and skepticism of skilled artisans before the invention"

  4. Pro-Mold Tool Co. v. Great Lakes Plastics

    75 F.3d 1568 (Fed. Cir. 1996)   Cited 155 times   2 Legal Analyses
    Holding that, though we do not have exclusive jurisdiction over unfair competition claims, our own circuit law nonetheless determines when inequitable conduct also constitutes unfair competition

  5. In re Dembiczak

    175 F.3d 994 (Fed. Cir. 1999)   Cited 93 times   2 Legal Analyses
    Refusing to consider an obviousness rejection raised for the first time on appeal from the PTO

  6. Para-Ordnance Manufacturing, Inc. v. SGS Importers International, Inc.

    73 F.3d 1085 (Fed. Cir. 1995)   Cited 81 times
    Explaining that "[f]rom the decision of the district court, we can, and do, accept the implicit fact-finding"

  7. In re Fine

    837 F.2d 1071 (Fed. Cir. 1988)   Cited 69 times   1 Legal Analyses
    Reversing the Board's determination that dependent claims were invalid because "[d]ependent claims are nonobvious under section 103 if the independent claims from which they depend are nonobvious."

  8. In re Rijckaert

    9 F.3d 1531 (Fed. Cir. 1993)   Cited 22 times   4 Legal Analyses

    No. 93-1206. November 23, 1993. Edward W. Goodman, North American Philips Corp., of Tarrytown, NY, argued for appellant. With him on the brief was Algy Tamoshunas. Lee E. Barrett, Associate Sol., Office of the Sol., Arlington, VA, argued for appellee. With him on the brief was Fred E. McKelvey, Sol. Appeal from the Patent and Trademark Office. Before MAYER and LOURIE, Circuit Judges, and LAY, Senior Circuit Judge. Honorable Donald P. Lay, Senior Circuit Judge, United States Court of Appeals for the

  9. Application of Lintner

    458 F.2d 1013 (C.C.P.A. 1972)   Cited 24 times

    Patent Appeal No. 8718. May 4, 1972. Eugene F. Buell, Blenko Ziesenheim, Pittsburgh, Pa., William A. Smith, Jr., Smith, Michael, Bradford Gardiner, Washington, D.C., attorneys of record, for appellant. S. Wm. Cochran, Washington, D.C., for Commissioner of Patents. Raymond E. Martin, Washington, D.C., of counsel. Appeal from the Board of Patent Appeals. Before RICH, ALMOND, BALDWIN and LANE, Associate Judges, and MALETZ, Judge, United States Customs Court, sitting by designation. LANE, Judge. This

  10. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,172 times   492 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."