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Kinetic Technologies, Inc. v. Skyworks Solutions, Inc.

13028139 (P.T.A.B. Oct. 19, 2015)
Kinetic Technologies, Inc. v. Skyworks Solutions, Inc.

20 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,890 times   170 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"

  2. Constant v. Advanced Micro-Devices, Inc.

    848 F.2d 1560 (Fed. Cir. 1988)   Cited 748 times   4 Legal Analyses
    Holding that evidence of routine business practice can be used to prove that a reference was accessible

  3. In re Cuozzo Speed Technologies, LLC

    793 F.3d 1268 (Fed. Cir. 2015)   Cited 124 times   27 Legal Analyses
    Determining that, under the "broadest reasonable interpretation standard," the construction of the term "integrally attached" as "discrete parts physically joined together as a unit without each part losing its own separate identity" was reasonable

  4. In re Klopfenstein

    380 F.3d 1345 (Fed. Cir. 2004)   Cited 79 times   18 Legal Analyses
    Holding that whether a reference is publicly accessible is based on the “facts and circumstances surrounding the reference's disclosure to members of the public”

  5. SRI International, Inc. v. Internet Security Systems, Inc.

    511 F.3d 1186 (Fed. Cir. 2008)   Cited 55 times   10 Legal Analyses
    Holding that paper on FTP website, while publicly available, was not publicly accessible because it was “not catalogued or indexed in a meaningful way”

  6. 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.

  7. Bruckelmyer v. Ground Heaters, Inc.

    445 F.3d 1374 (Fed. Cir. 2006)   Cited 38 times   3 Legal Analyses
    Holding that figures within the prosecution history file in the Canadian patent office but not part of the issued patent were publicly accessible and thus a printed publication

  8. In re Cronyn

    890 F.2d 1158 (Fed. Cir. 1989)   Cited 66 times   5 Legal Analyses
    Holding that a thesis presentation made to a handful of faculty and not catalogued or indexed in a "meaningful" way was not a printed publication

  9. Suffolk Technologies, LLC v. AOL Inc.

    752 F.3d 1358 (Fed. Cir. 2014)   Cited 21 times   4 Legal Analyses
    Holding that alterations of time stamps and email addresses in a reproduction of a newsgroup post asserted as prior art were insufficient to create a genuine issue of material fact concerning the post

  10. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 7,122 times   13 Legal Analyses
    Stating that relevant evidence is generally admissible at trial

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

    35 U.S.C. § 103   Cited 6,172 times   492 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 6,033 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  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 162 times   140 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  15. Section 317 - Settlement

    35 U.S.C. § 317   Cited 37 times   48 Legal Analyses
    Addressing continuation of IPR as to some petitioners after dismissal of others

  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 42.73 - Judgment

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

  18. Section 42.64 - Objection; motion to exclude

    37 C.F.R. § 42.64   Cited 4 times   24 Legal Analyses

    (a)Deposition evidence. An objection to the admissibility of deposition evidence must be made during the deposition. Evidence to cure the objection must be provided during the deposition, unless the parties to the deposition stipulate otherwise on the deposition record. (b)Other evidence. For evidence other than deposition evidence: (1)Objection. Any objection to evidence submitted during a preliminary proceeding must be filed within ten business days of the institution of the trial. Once a trial

  19. Section 42.74 - Settlement

    37 C.F.R. § 42.74   Cited 3 times   13 Legal Analyses

    (a)Board role. The parties may agree to settle any issue in a proceeding, but the Board is not a party to the settlement and may independently determine any question of jurisdiction, patentability, or Office practice. (b)Agreements in writing. Any agreement or understanding between the parties made in connection with, or in contemplation of, the termination of a proceeding shall be in writing and a true copy shall be filed with the Board before the termination of the trial. (c)Request to keep separate

  20. Section 90.2 - Notice; service

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