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FMC Corporation

PGR2020-00028 (P.T.A.B. Aug. 31, 2021)
FMC Corporation

49 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,574 times   189 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. SAS Inst. Inc. v. Iancu

    138 S. Ct. 1348 (2018)   Cited 266 times   140 Legal Analyses
    Holding that the word "any" carries "an expansive meaning"

  3. Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 619 times   79 Legal Analyses
    Holding that our written description requirement requires that a specification “reasonably convey to those skilled in the art” that the inventor “actually invented” and “had possession of the claimed subject matter as of the filing date [of the invention]”

  4. Net Moneyin v. Verisign

    545 F.3d 1359 (Fed. Cir. 2008)   Cited 284 times   6 Legal Analyses
    Holding that, to anticipate, a single prior art reference must not only disclose all the limitations claimed but also must disclose those limitations "arranged or combined in the same way as recited in the claim"

  5. In re Wands

    858 F.2d 731 (Fed. Cir. 1988)   Cited 345 times   44 Legal Analyses
    Holding that whether undue experimentation is required is a "conclusion reached by weighing many factual considerations. . . . includ[ing] the quantity of experimentation necessary, the amount of direction or guidance presented, the presence or absence of working examples, the nature of the invention, the state of the prior art, the relative skill of those in the art, the predictability or unpredictability of the art, and the breadth of the claims."

  6. Johns Hopkins University v. Cellpro

    152 F.3d 1342 (Fed. Cir. 1998)   Cited 246 times   1 Legal Analyses
    Holding previously that "[w]hether infringement was willful is a question of fact, and we will not reverse a jury determination on this issue unless it was unsupported by substantial evidence"

  7. AK Steel Corp. v. Sollac

    344 F.3d 1234 (Fed. Cir. 2003)   Cited 210 times   1 Legal Analyses
    Holding that "dependent claims are presumed to be of narrower scope than the independent claims from which they depend"

  8. Ortho-McNeil v. Mylan Lab

    520 F.3d 1358 (Fed. Cir. 2008)   Cited 182 times   14 Legal Analyses
    Holding that the patented invention was not obvious where a POSA had no reason to select the exact route among several unpredictable alternatives

  9. Alcon Research Ltd. v. Barr Labs., Inc.

    745 F.3d 1180 (Fed. Cir. 2014)   Cited 126 times   9 Legal Analyses
    Reversing finding of no enablement where defendant "failed to make the threshold showing that... experimentation is necessary to practice the claimed methods"

  10. In re NuVasive, Inc.

    842 F.3d 1376 (Fed. Cir. 2016)   Cited 112 times   16 Legal Analyses
    Vacating and remanding so that an agency could fulfill its obligation to "make the necessary findings and have an adequate evidentiary basis for its findings" and to "articulate a satisfactory explanation for its action"

  11. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 23,725 times   88 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  12. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 14,162 times   36 Legal Analyses
    Stating that evidence is relevant if it has "any tendency to make a fact more or less probable than it would be without the evidence" and "the fact is of consequence in determining the action"

  13. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,418 times   1066 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

  14. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 7,115 times   13 Legal Analyses
    Stating that relevant evidence is generally admissible at trial

  15. 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."

  16. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,030 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  17. Section 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,972 times   142 Legal Analyses
    Granting a presumption of validity to patents

  18. 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"

  19. Section 326 - Conduct of post-grant review

    35 U.S.C. § 326   Cited 27 times   24 Legal Analyses

    (a) REGULATIONS.-The Director shall prescribe regulations- (1) providing that the file of any proceeding under this chapter shall be made available to the public, except that any petition or document filed with the intent that it be sealed shall, if accompanied by a motion to seal, be treated as sealed pending the outcome of the ruling on the motion; (2) setting forth the standards for the showing of sufficient grounds to institute a review under subsections (a) and (b) of section 324; (3) establishing

  20. Section 328 - Decision of the Board

    35 U.S.C. § 328   Cited 11 times   11 Legal Analyses

    (a) FINAL WRITTEN DECISION.-If a post-grant review is instituted and not dismissed under this chapter, the Patent Trial and Appeal Board shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner and any new claim added under section 326(d). (b) CERTIFICATE.-If the Patent Trial and Appeal Board issues a final written decision under subsection (a) and the time for appeal has expired or any appeal has terminated, the Director shall issue

  21. Section 42.100 - Procedure; pendency

    37 C.F.R. § 42.100   Cited 192 times   75 Legal Analyses
    Providing that the PTAB gives " claim . . . its broadest reasonable construction in light of the specification of the patent in which it appears"

  22. Section 42.20 - Generally

    37 C.F.R. § 42.20   Cited 16 times   38 Legal Analyses

    (a)Relief. Relief, other than a petition requesting the institution of a trial, must be requested in the form of a motion. (b)Prior authorization. A motion will not be entered without Board authorization. Authorization may be provided in an order of general applicability or during the proceeding. (c)Burden of proof. The moving party has the burden of proof to establish that it is entitled to the requested relief. (d)Briefing. The Board may order briefing on any issue involved in the trial. 37 C.F

  23. Section 42.8 - Mandatory notices

    37 C.F.R. § 42.8   Cited 11 times   12 Legal Analyses
    Requiring a party to "[i]dentify each real party-in-interest for the party"

  24. Section 42.62 - Applicability of the Federal rules of evidence

    37 C.F.R. § 42.62   Cited 5 times   5 Legal Analyses

    (a)Generally. Except as otherwise provided in this subpart, the Federal Rules of Evidence shall apply to a proceeding. (b)Exclusions. Those portions of the Federal Rules of Evidence relating to criminal proceedings, juries, and other matters not relevant to proceedings under this subpart shall not apply. (c)Modifications in terminology. Unless otherwise clear from context, the following terms of the Federal Rules of Evidence shall be construed as indicated: Appellate court means United States Court

  25. Section 42.64 - Objection; motion to exclude

    37 C.F.R. § 42.64   Cited 4 times   24 Legal Analyses

    (a)Deposition evidence. An objection to the admissibility of deposition evidence must be made during the deposition. Evidence to cure the objection must be provided during the deposition, unless the parties to the deposition stipulate otherwise on the deposition record. (b)Other evidence. For evidence other than deposition evidence: (1)Objection. Any objection to evidence submitted during a preliminary proceeding must be filed within ten business days of the institution of the trial. Once a trial

  26. Section 90.2 - Notice; service

    37 C.F.R. § 90.2   2 Legal Analyses

    (a)For an appeal under 35 U.S.C. 141 . (1) (i) In all appeals, the notice of appeal required by 35 U.S.C. 142 must be filed with the Director by electronic mail to the email address indicated on the United States Patent and Trademark Office's web page for the Office of the General Counsel. This electronically submitted notice will be accorded a receipt date, which is the date in Eastern Time when the correspondence is received in the Office, regardless of whether that date is a Saturday, Sunday,