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Liberty Mutual Insurance Co. v. Progressive Casualty Insurance Co.

10764076 (P.T.A.B. Mar. 13, 2014)
Liberty Mutual Insurance Co. v. Progressive Casualty Insurance Co.

41 Cited authorities

  1. Duncan v. Walker

    533 U.S. 167 (2001)   Cited 5,620 times   8 Legal Analyses
    Holding that the statute of limitations is not tolled during the pendancy of a federal petition

  2. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,564 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"

  3. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,185 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  4. Crandon v. United States

    494 U.S. 152 (1990)   Cited 497 times   3 Legal Analyses
    Holding that meaning of statute is to be determined from design of statute as whole and its object and policy, in addition to its language

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

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 614 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]”

  6. NTP, Inc. v. Research in Motion, Ltd.

    418 F.3d 1282 (Fed. Cir. 2005)   Cited 466 times   16 Legal Analyses
    Holding actual use dispositive, regardless of the type of transfer

  7. United States v. James

    478 U.S. 597 (1986)   Cited 231 times
    Finding legislative history did not merit a departure from the plain language of the statute

  8. Net Moneyin v. Verisign

    545 F.3d 1359 (Fed. Cir. 2008)   Cited 283 times   6 Legal Analyses
    Holding that, to anticipate, a single prior art reference must not only disclose all the limitations claimed but also must disclose those limitations "arranged or combined in the same way as recited in the claim"

  9. Deere & Co. v. Bush Hog, LLC

    703 F.3d 1349 (Fed. Cir. 2012)   Cited 198 times   5 Legal Analyses
    Holding that the preamble phrase "rotary cutter deck" was a limitation where the specification referred to "the present invention" as "a rotary cutter deck"

  10. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 232 times   3 Legal Analyses
    Holding an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "'set out his uncommon definition in some manner within the patent disclosure' so as to give one of ordinary skill in the art notice of the change" in meaning

  11. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 27,936 times   287 Legal Analyses
    Adopting the Daubert standard

  12. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,399 times   1056 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

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

    35 U.S.C. § 103   Cited 6,154 times   487 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."

  14. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,021 times   1021 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  15. Section 120 - Benefit of earlier filing date in the United States

    35 U.S.C. § 120   Cited 603 times   115 Legal Analyses
    Granting an earlier priority date to later applications for inventions that were disclosed in a previous application

  16. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 187 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"

  17. Section 324 - Institution of post-grant review

    35 U.S.C. § 324   Cited 42 times   58 Legal Analyses
    Requiring threshold determination that it is "more likely than not that at least 1 of the claims . . . is unpatentable"

  18. Section 328 - Decision of the Board

    35 U.S.C. § 328   Cited 11 times   11 Legal Analyses

    (a) FINAL WRITTEN DECISION.-If a post-grant review is instituted and not dismissed under this chapter, the Patent Trial and Appeal Board shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner and any new claim added under section 326(d). (b) CERTIFICATE.-If the Patent Trial and Appeal Board issues a final written decision under subsection (a) and the time for appeal has expired or any appeal has terminated, the Director shall issue

  19. Section 42.301 - Definitions

    37 C.F.R. § 42.301   Cited 21 times   56 Legal Analyses
    Defining the scope of CBM review

  20. Section 42.73 - Judgment

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

  21. Section 42.20 - Generally

    37 C.F.R. § 42.20   Cited 16 times   38 Legal Analyses

    (a)Relief. Relief, other than a petition requesting the institution of a trial, must be requested in the form of a motion. (b)Prior authorization. A motion will not be entered without Board authorization. Authorization may be provided in an order of general applicability or during the proceeding. (c)Burden of proof. The moving party has the burden of proof to establish that it is entitled to the requested relief. (d)Briefing. The Board may order briefing on any issue involved in the trial. 37 C.F

  22. Section 42.300 - Procedure; pendency

    37 C.F.R. § 42.300   Cited 13 times   10 Legal Analyses

    (a) A covered business method patent review is a trial subject to the procedures set forth in subpart A of this part and is also subject to the post-grant review procedures set forth in subpart C except for §§ 42.200 , 42.201 , 42.202 , and 42.204 . (b) In a covered business method patent review proceeding, a claim of a patent, or a claim proposed in a motion to amend under § 42.221 , shall be construed using the same claim construction standard that would be used to construe the claim in a civil

  23. Section 42.62 - Applicability of the Federal rules of evidence

    37 C.F.R. § 42.62   Cited 5 times   5 Legal Analyses

    (a)Generally. Except as otherwise provided in this subpart, the Federal Rules of Evidence shall apply to a proceeding. (b)Exclusions. Those portions of the Federal Rules of Evidence relating to criminal proceedings, juries, and other matters not relevant to proceedings under this subpart shall not apply. (c)Modifications in terminology. Unless otherwise clear from context, the following terms of the Federal Rules of Evidence shall be construed as indicated: Appellate court means United States Court

  24. 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,