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MasterImage 3D, Inc. v. RealD Inc.

11583243 (P.T.A.B. Apr. 20, 2016)
MasterImage 3D, Inc. v. RealD Inc.

23 Cited authorities

  1. New Hampshire v. Maine

    532 U.S. 742 (2001)   Cited 4,682 times   17 Legal Analyses
    Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”

  2. In re Cuozzo Speed Technologies, LLC

    793 F.3d 1268 (Fed. Cir. 2015)   Cited 124 times   26 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

  3. New Railhead Mfg. v. Vermeer Mfg. Co.

    298 F.3d 1290 (Fed. Cir. 2002)   Cited 73 times   5 Legal Analyses
    Finding that performance of the claimed method of drilling in rock at a commercial jobsite under public land, hidden from view, constituted public use

  4. Milburn Co. v. Davis Etc. Co.

    270 U.S. 390 (1926)   Cited 208 times   2 Legal Analyses
    In Milburn, the Supreme Court held that a patent applied for before but not granted until after a second patent is sought bars the issuance of the second patent.

  5. Dynamic Drinkware, LLC v. National Graphics, Inc.

    800 F.3d 1375 (Fed. Cir. 2015)   Cited 42 times   18 Legal Analyses
    Stating that once the petitioner meets its initial burden of going forward with evidence that there is anticipating prior art, the patent owner has "the burden of going forward with evidence either that the prior art does not actually anticipate, or . . . that it is not prior art because the asserted claim is entitled to the benefit of a filing date prior to the alleged prior art." (quoting Tech. Licensing Corp. v. Videotek, Inc., 545 F.3d 1316, 1327 (Fed. Cir. 2008))

  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. In re Giacomini

    612 F.3d 1380 (Fed. Cir. 2010)   Cited 6 times   2 Legal Analyses

    No. 2009-1400. July 7, 2010. Jason Paul Demont, DeMont Breyer, LLC, of Holmdel, NJ, argued for appellants. With him on the brief was Robert L. Greenberg. Of counsel was Josephine A. Paltin. Thomas L. Stoll, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for the Director of the United States Patent and Trademark Office. With him on the brief were Raymond T. Chen, Solicitor, and Thomas W. Krause, Associate Solicitor. Before RADER, Chief

  8. In re Wertheim

    646 F.2d 527 (C.C.P.A. 1981)   Cited 18 times   2 Legal Analyses
    Holding that entitlement to an "earlier U.S. filing date for the patent necessarily depends on further compliance with §§ 120 and 112"

  9. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,399 times   1051 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

  10. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,020 times   1019 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  11. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 408 times   200 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  12. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 377 times   633 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  13. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 295 times   313 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  14. Section 119 - Benefit of earlier filing date; right of priority

    35 U.S.C. § 119   Cited 271 times   75 Legal Analyses
    Governing claiming priority to an earlier-filed provisional application

  15. 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"

  16. 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)

  17. 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"

  18. Section 42.73 - Judgment

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

  19. 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

  20. Section 42.72 - Termination of trial

    37 C.F.R. § 42.72   Cited 2 times   16 Legal Analyses

    The Board may terminate a trial without rendering a final written decision, where appropriate, including where the trial is consolidated with another proceeding or pursuant to a joint request under 35 U.S.C. 317(a) or 327(a) . 37 C.F.R. §42.72

  21. Section 42.14 - Public availability

    37 C.F.R. § 42.14   Cited 1 times   3 Legal Analyses

    The record of a proceeding, including documents and things, shall be made available to the public, except as otherwise ordered. A party intending a document or thing to be sealed shall file a motion to seal concurrent with the filing of the document or thing to be sealed. The document or thing shall be provisionally sealed on receipt of the motion and remain so pending the outcome of the decision on the motion. 37 C.F.R. §42.14

  22. Section 42.54 - Protective order

    37 C.F.R. § 42.54   7 Legal Analyses

    (a) A party may file a motion to seal where the motion to seal contains a proposed protective order, such as the default protective order set forth in the Office Patent Trial Practice Guide. The motion must include a certification that the moving party has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute. The Board may, for good cause, issue an order to protect a party or person from disclosing confidential information, including, but

  23. 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,