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Ex Parte Vilhunen

11346234 (P.T.A.B. Feb. 14, 2013)
Ex Parte Vilhunen

11 Cited authorities

  1. Finisar v. Directv

    523 F.3d 1323 (Fed. Cir. 2008)   Cited 415 times   6 Legal Analyses
    Holding that "a competent opinion of counsel concluding either [non-infringement or invalidity] would provide a sufficient basis for [the defendant] to proceed without engaging in objectively reckless behavior with respect to the [asserted] patent"

  2. Cross Med Prod v. Medtronic Sofamor Danek

    424 F.3d 1293 (Fed. Cir. 2005)   Cited 347 times   4 Legal Analyses
    Holding that there can be no direct infringement of a product claim where surgeons, and not the defendant, made the claimed apparatus in the operating room, and remanding to determine whether the surgeons directly infringed such that Medtronic could be held liable for indirect infringement

  3. Odetics, Inc. v. Storage Technology Corp.

    185 F.3d 1259 (Fed. Cir. 1999)   Cited 314 times
    Holding that a dispute about the district court's limitation of the time period during which the jury could find willful infringement was moot in view of the court's determination that the district court did not abuse its discretion in declining to award enhanced damages

  4. In re Donaldson Co., Inc.

    16 F.3d 1189 (Fed. Cir. 1994)   Cited 206 times   6 Legal Analyses
    Holding that 35 U.S.C. § 112 ¶ 6, which limits means-plus-function claims to the structures described in the specification and their equivalents, "applies regardless of the context in which the interpretation of means-plus-function language arises, i.e., whether as part of a patentability determination in the PTO or as part of a validity or infringement determination in a court"

  5. In re Aoyama

    656 F.3d 1293 (Fed. Cir. 2011)   Cited 39 times   2 Legal Analyses
    Holding patent application invalid as indefinite because patent application failed to disclose an algorithm despite patent specification's explanation that each component of the invention could be implemented in hardware or software that included ASICs and FPGAs as examples of such hardware

  6. In re Dossel

    115 F.3d 942 (Fed. Cir. 1997)   Cited 48 times   1 Legal Analyses
    Finding that the written description at issue was sufficiently definite, even though “the written description d[id] not disclose exactly what mathematical algorithm w[ould] be used to compute the end result, ” when “it d[id] state that ‘known algorithms' c[ould] be used to solve standard equations which [we]re known in the art”

  7. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,278 times   1023 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

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

    35 U.S.C. § 103   Cited 6,056 times   447 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."

  9. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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

  11. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 15 times   28 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)