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Invensas Corporation

IPR2020-00602 (P.T.A.B. Sep. 1, 2021)
Invensas Corporation

36 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. Omega Engineering, Inc v. Raytek Corp.

    334 F.3d 1314 (Fed. Cir. 2003)   Cited 1,198 times   11 Legal Analyses
    Holding that the doctrine of prosecution disclaimer does not extend to situations where the supposed disavowal of claim scope is ambiguous

  5. Hill-Rom Servs., Inc. v. Stryker Corp.

    755 F.3d 1367 (Fed. Cir. 2014)   Cited 472 times   3 Legal Analyses
    Holding that claim terms should be given plain and ordinary meaning unless patentee acts as own lexicographer or disavows claim scope in specification or prosecution history

  6. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 749 times   5 Legal Analyses
    Holding that party opposing summary judgment must show either that movant has not established its entitlement to judgment on the undisputed facts or that material issues of fact require resolution by trial

  7. Bell Communications v. Vitalink Communications

    55 F.3d 615 (Fed. Cir. 1995)   Cited 417 times   2 Legal Analyses
    Holding that part-time infringement is nonetheless infringement

  8. Nystrom v. Trex Co.

    424 F.3d 1136 (Fed. Cir. 2005)   Cited 303 times   4 Legal Analyses
    Holding that the law of the regional circuit governs motions for sanctions under 28 U.S.C. § 1927

  9. Al-Site Corp. v. VSI International, Inc.

    174 F.3d 1308 (Fed. Cir. 1999)   Cited 276 times   1 Legal Analyses
    Holding that although the claim elements "eyeglass hanger member" and "eyeglass contacting member" include a function, these claim elements do not invoke 35 U.S.C. 112, sixth paragraph because the claims themselves contain sufficient structural limitations for performing these functions

  10. Sundance, Inc. v. DeMonte Fabricating Ltd.

    550 F.3d 1356 (Fed. Cir. 2008)   Cited 183 times   9 Legal Analyses
    Holding that the district court abused its discretion in permitting a witness not qualified as an expert in the pertinent art to testify as an expert regarding issues of noninfringement or invalidity

  11. 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."

  12. 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

  13. 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"

  14. 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)

  15. Section 2 - Powers and duties

    35 U.S.C. § 2   Cited 115 times   27 Legal Analyses
    Authorizing the Patent Office to cover the expenses of "persons" other than federal employees attending programs on intellectual-property protection

  16. 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"

  17. 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"

  18. Section 42.6 - Filing of documents, including exhibits; service

    37 C.F.R. § 42.6   Cited 9 times   43 Legal Analyses

    (a)General format requirements. (1) Page size must be 81/2 inch * 11 inch except in the case of exhibits that require a larger size in order to preserve details of the original. (2) In documents, including affidavits, created for the proceeding: (i) Markings must be in black or must otherwise provide an equivalent dark, high-contrast image; (ii) 14-point, Times New Roman proportional font, with normal spacing, must be used; (iii) Double spacing must be used except in claim charts, headings, tables

  19. 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,