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Gnosis S.p.A. v. South Alabama Medical Science Foundation

10196118 (P.T.A.B. Jun. 20, 2014)
Gnosis S.p.A. v. South Alabama Medical Science Foundation

31 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. 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

  3. Merck & Co. v. Teva Pharmaceuticals USA, Inc.

    395 F.3d 1364 (Fed. Cir. 2005)   Cited 439 times   10 Legal Analyses
    Holding that commercial success is not significantly probative of non-obviousness where others are barred from acting on the prior art

  4. Muniauction v. Thomson Corp.

    532 F.3d 1318 (Fed. Cir. 2008)   Cited 247 times   62 Legal Analyses
    Holding it obvious to “apply the use of the Internet to existing electronic processes at a time when doing so was commonplace.”

  5. Crocs v. Int'l Trade Com'n

    598 F.3d 1294 (Fed. Cir. 2010)   Cited 225 times   11 Legal Analyses
    Finding teach away where prior art taught claimed material was "unsuitable"

  6. Ormco Corp. v. Align Technology, Inc.

    463 F.3d 1299 (Fed. Cir. 2006)   Cited 205 times   5 Legal Analyses
    Holding that evidence that success was due to prior art features rebutted the presumption

  7. Tokai Corp v. Easton Enterprises, Inc.

    632 F.3d 1358 (Fed. Cir. 2011)   Cited 151 times   1 Legal Analyses
    Holding that regional circuit law governs the decision to exclude evidence

  8. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 232 times   3 Legal Analyses
    Holding an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "'set out his uncommon definition in some manner within the patent disclosure' so as to give one of ordinary skill in the art notice of the change" in meaning

  9. In re GPAC Inc.

    57 F.3d 1573 (Fed. Cir. 1995)   Cited 168 times   2 Legal Analyses
    In GPAC, for example, we found that a reference disclosing an equilibrium air door was reasonably pertinent to a patent directed to asbestos removal because they both addressed the same problem of "maintaining a pressurized environment while allowing for human ingress and egress."

  10. In re Mouttet

    686 F.3d 1322 (Fed. Cir. 2012)   Cited 91 times   4 Legal Analyses
    Finding "the Board's determination that eliminating the optical components of Falk would not destroy its principle of operation to be supported by substantial evidence"

  11. 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"

  12. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 162 times   140 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  13. 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"

  14. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 18 times   62 Legal Analyses
    Regarding judgments

  15. Section 42.65 - Expert testimony; tests and data

    37 C.F.R. § 42.65   Cited 6 times   19 Legal Analyses
    Discussing "[e]xpert testimony"

  16. Section 42.61 - Admissibility

    37 C.F.R. § 42.61   Cited 5 times   3 Legal Analyses

    (a) Evidence that is not taken, sought, or filed in accordance with this subpart is not admissible. (b)Records of the Office. Certification is not necessary as a condition to admissibility when the evidence to be submitted is a record of the Office to which all parties have access. (c)Specification and drawings. A specification or drawing of a United States patent application or patent is admissible as evidence only to prove what the specification or drawing describes. If there is data in the specification

  17. 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,