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Greene's Energy Group, LLC v. Oil States Energy Services, L.L.C.

09338752 (P.T.A.B. May. 1, 2015)
Greene's Energy Group, LLC v. Oil States Energy Services, L.L.C.

36 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,519 times   169 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. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,714 times   164 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  3. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,154 times   50 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  4. Thorner v. Sony Computer Entertainment America LLC

    669 F.3d 1362 (Fed. Cir. 2012)   Cited 1,038 times   10 Legal Analyses
    Holding that “flexible” should be given its plain and ordinary meaning and reversing the construction of “capable of being noticeably flexed with ease”

  5. C.R. Bard, Inc. v. U.S. Surgical Corp.

    388 F.3d 858 (Fed. Cir. 2004)   Cited 871 times   1 Legal Analyses
    Holding that after initial examination the claim in suit “[did] not necessarily require” that a surgical device be “pleated” but that arguments made during reexamination constituted a “clear disclaimer of scope” requiring “pleating”

  6. Interactive Gift Exp., Inc. v. Compuserve

    256 F.3d 1323 (Fed. Cir. 2001)   Cited 661 times   1 Legal Analyses
    Holding that although a party cannot change the scope of its claim construction on appeal, it is not precluded “from proffering additional or new supporting arguments, based on evidence of record, for its claim construction”

  7. Pfizer v. Apotex

    480 F.3d 1348 (Fed. Cir. 2007)   Cited 370 times   7 Legal Analyses
    Holding the district court clearly erred when it failed to consider relevant prior art

  8. Eurand, Inc. v. Mylan Pharms. Inc. (In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litig.)

    676 F.3d 1063 (Fed. Cir. 2012)   Cited 304 times   13 Legal Analyses
    Holding that “the proper inquiry [in a best mode analysis] focuses on the adequacy of the disclosure rather than motivation for any nondisclosure”

  9. Trading Tech., v. Espeed, Inc.

    595 F.3d 1340 (Fed. Cir. 2010)   Cited 169 times   6 Legal Analyses
    Holding that the reference to the system of the present invention strongly suggests that the claimed re-centering command requires a manual input

  10. Hockerson-Halberstadt, Inc. v. Avia Group International, Inc.

    222 F.3d 951 (Fed. Cir. 2000)   Cited 208 times   2 Legal Analyses
    Holding that the public is entitled to rely on the patentee's representations in the prosecution history concerning the scope and meaning of the claims

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

    35 U.S.C. § 103   Cited 6,056 times   449 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."

  12. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,938 times   949 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 276 times   307 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  14. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 159 times   137 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  15. Section 42.100 - Procedure; pendency

    37 C.F.R. § 42.100   Cited 188 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"

  16. Section 42.23 - Oppositions, replies, and sur-replies

    37 C.F.R. § 42.23   Cited 39 times   39 Legal Analyses
    Taking testimony

  17. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 17 times   47 Legal Analyses
    Regarding judgments

  18. 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,