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Kaiser Aluminum v. Constellium Rolled Products Ravenswood, LLC

10853721 (P.T.A.B. Nov. 2, 2015)
Kaiser Aluminum v. Constellium Rolled Products Ravenswood, LLC

19 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,576 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. Pfizer v. Apotex

    480 F.3d 1348 (Fed. Cir. 2007)   Cited 383 times   7 Legal Analyses
    Holding the district court clearly erred when it failed to consider relevant prior art

  3. Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc.

    566 F.3d 989 (Fed. Cir. 2009)   Cited 260 times   2 Legal Analyses
    Finding that inventor's unwitnessed notebook was not adequate corroborating evidence of an earlier invention date

  4. Par Pharmaceutical, Inc. v. TWi Pharmaceuticals, Inc.

    773 F.3d 1186 (Fed. Cir. 2014)   Cited 152 times   26 Legal Analyses
    Concluding that "[t]he claimed . . . parameters . . . [were] inherent properties of the obvious . . . formulation," and thus "[t]he reduced food effect was an inherent result of [a composition] even if it was previously not known in the prior art that a food effect existed"

  5. W.L. Gore Associates, Inc. v. Garlock

    721 F.2d 1540 (Fed. Cir. 1983)   Cited 327 times   7 Legal Analyses
    Holding the district court erred by "considering the references in less than their entireties, i.e., in disregarding disclosures in the references that diverge from and teach away from the invention at hand"

  6. InTouch Technologies, Inc. v. VGo Communications, Inc.

    751 F.3d 1327 (Fed. Cir. 2014)   Cited 107 times   3 Legal Analyses
    Holding that expert's testimony could not support a finding of obviousness where "testimony primarily consisted of conclusory references to [the expert's] belief that one of ordinary skill in the art could combine these references, not that they would have been motivated to do so"

  7. Eisai Co. Ltd. v. Dr. Reddy's

    533 F.3d 1353 (Fed. Cir. 2008)   Cited 107 times   2 Legal Analyses
    Finding a chemical compound non-obvious where the invention at issue replaced a more lipophilic substituent with a less lipophilic substituent in contravention of the prior art's teaching that lipophilicity at a particular position on a ring structure conferred beneficial results

  8. Ashland Oil, v. Delta Resins Refractories

    776 F.2d 281 (Fed. Cir. 1985)   Cited 120 times   3 Legal Analyses
    Holding that "[w]hile the opinion testimony of a party having a direct interest in the pending litigation is less persuasive than opinion testimony by a disinterested party, it cannot be disregarded for that reason alone and may be relied upon when sufficiently convincing"

  9. In re Translogic Technology

    504 F.3d 1249 (Fed. Cir. 2007)   Cited 44 times   2 Legal Analyses
    Recognizing that the Supreme Court set aside the rigid application of the TSM Test and ensured use of customary knowledge as an ingredient in that equation.

  10. Yorkey v. Diab

    601 F.3d 1279 (Fed. Cir. 2010)   Cited 29 times   4 Legal Analyses
    Holding that the Board is "well within its discretion" to give more or less credibility to expert testimony unless "no reasonable trier of fact could have done so"

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

    35 U.S.C. § 103   Cited 6,173 times   493 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 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 298 times   314 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  13. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 189 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 163 times   140 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 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"

  16. 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

  17. Section 42.73 - Judgment

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

  18. Section 42.65 - Expert testimony; tests and data

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

  19. Section 90.2 - Notice; service

    37 C.F.R. § 90.2   Cited 1 times   3 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,