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Ideahub Inc.

IPR2020-00702 (P.T.A.B. Sep. 15, 2021)
Ideahub Inc.

42 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,568 times   187 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 5,879 times   167 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 3,187 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

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

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 615 times   78 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]”

  5. Technology v. Videotek

    545 F.3d 1316 (Fed. Cir. 2008)   Cited 250 times   2 Legal Analyses
    Holding that use of term “black box” did not render the claim indefinite because that term was known in the field to represent video standard detector circuitry

  6. In re NuVasive, Inc.

    842 F.3d 1376 (Fed. Cir. 2016)   Cited 109 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"

  7. Aqua Prods., Inc. v. Matal

    872 F.3d 1290 (Fed. Cir. 2017)   Cited 82 times   62 Legal Analyses
    Addressing whether the language of § 316(e), which all conceded applied to challenged claims, "applies equally to proposed substitute claims"

  8. In re Magnum Oil Tools Int'l, Ltd.

    829 F.3d 1364 (Fed. Cir. 2016)   Cited 61 times   19 Legal Analyses
    Holding that conclusory statements that "[t]he same analysis" applied to different prior art did not provide sufficient evidence to base its legal conclusion of obviousness

  9. Turbocare Div. of Demag Delaval v. G.E

    264 F.3d 1111 (Fed. Cir. 2001)   Cited 96 times   1 Legal Analyses
    Holding that "[n]o reasonable juror could find that [the appellant's] original disclosure was sufficiently detailed to enable one of skill in the art to recognize that [the appellant] invented what is claimed"

  10. Samsung Elecs. Am. v. Prisua Eng'g Corp.

    948 F.3d 1342 (Fed. Cir. 2020)   Cited 48 times   12 Legal Analyses
    Holding that PTAB may not cancel claims for indefiniteness in IPR because, "although indefiniteness analysis involves general claim construction principles . . . it does not follow that the Board may exceed its statutorily limited authority simply because an indefiniteness issue arises during claim construction. Instead . . . Congress viewed a challenge based on indefiniteness to be distinct from a challenged based on sections 102 and 103."

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,409 times   1059 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

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

    35 U.S.C. § 103   Cited 6,159 times   489 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."

  13. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,023 times   1024 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  14. Section 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,965 times   142 Legal Analyses
    Granting a presumption of validity to patents

  15. Section 315 - Relation to other proceedings or actions

    35 U.S.C. § 315   Cited 550 times   898 Legal Analyses
    Permitting the Director to consolidate separate IPRs challenging the same patent

  16. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 408 times   203 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  17. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 298 times   313 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  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 318 - Decision of the Board

    35 U.S.C. § 318   Cited 161 times   140 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  20. Section 312 - Petitions

    35 U.S.C. § 312   Cited 128 times   122 Legal Analyses
    Governing inter partes reexamination

  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 42.1 - Policy

    37 C.F.R. § 42.1   Cited 21 times   29 Legal Analyses

    (a)Scope. Part 42 governs proceedings before the Patent Trial and Appeal Board. Sections 1.4 , 1.7 , 1.14 , 1.16 , 1.22 , 1.23 , 1.25 , 1.26 , 1.32 , 1.34 , and 1.36 of this chapter also apply to proceedings before the Board, as do other sections of part 1 of this chapter that are incorporated by reference into this part. (b)Construction. This part shall be construed to secure the just, speedy, and inexpensive resolution of every proceeding. (c)Decorum. Every party must act with courtesy and decorum

  23. Section 41.121 - Motions

    37 C.F.R. § 41.121   Cited 15 times   77 Legal Analyses

    (a)Types of motions - (1)Substantive motions. Consistent with the notice of requested relief, if any, and to the extent the Board authorizes, a party may file a motion: (i) To redefine the scope of the contested case, (ii) To change benefit accorded for the contested subject matter, or (iii) For judgment in the contested case. (2)Responsive motions. The Board may authorize a party to file a motion to amend or add a claim, to change inventorship, or otherwise to cure a defect raised in a notice of

  24. Section 42.11 - Duty of candor; signing papers; representations to the Board; sanctions

    37 C.F.R. § 42.11   Cited 7 times   40 Legal Analyses

    (a)Duty of candor. Parties and individuals involved in the proceeding have a duty of candor and good faith to the Office during the course of a proceeding. (b)Signature. Every petition, response, written motion, and other paper filed in a proceeding must comply with the signature requirements set forth in § 11.18(a) of this chapter. The Board may expunge any unsigned submission unless the omission is promptly corrected after being called to the counsel's or party's attention. (c)Representations to

  25. 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,