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Medtronic, Inc. and Medtronic Vascular, Inc. v. Lifeport Sciences LLC

08420623 (P.T.A.B. Jul. 22, 2014)
Medtronic, Inc. and Medtronic Vascular, Inc. v. Lifeport Sciences LLC

4 Cited authorities

  1. Smithkline Beecham Corp. v. Apotex Corp.

    403 F.3d 1331 (Fed. Cir. 2005)   Cited 254 times   9 Legal Analyses
    Holding a chemical patent inherently anticipated and stating that it was irrelevant whether the inherently disclosed chemical was ever actually produced

  2. DeSilva v. DiLeonardi

    181 F.3d 865 (7th Cir. 1999)   Cited 195 times   3 Legal Analyses
    Refusing to consider arguments that were adopted by reference but not actually made in appellate briefs because "adoption by reference amounts to a self-help increase in the length of the appellate brief"

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

    35 U.S.C. § 103   Cited 6,174 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."

  4. Section 42.71 - Decision on petitions or motions

    37 C.F.R. § 42.71   Cited 22 times   44 Legal Analyses

    (a)Order of consideration. The Board may take up petitions or motions for decisions in any order, may grant, deny, or dismiss any petition or motion, and may enter any appropriate order. (b)Interlocutory decisions. A decision on a motion without a judgment is not final for the purposes of judicial review. If a decision is not a panel decision, the party may request that a panel rehear the decision. When rehearing a non-panel decision, a panel will review the decision for an abuse of discretion. A