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Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc.

11843727 (P.T.A.B. Mar. 16, 2015)
Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc.

9 Cited authorities

  1. Taylor v. Sturgell

    553 U.S. 880 (2008)   Cited 3,382 times   12 Legal Analyses
    Holding that adequate representation requires that "[t]he interests of the nonparty and her representative are aligned" and "the party understood herself to be acting in a representative capacity."

  2. California Physicians' Service v. Aoki Diabetes Research Institute

    163 Cal.App.4th 1506 (Cal. Ct. App. 2008)   Cited 31 times
    Noting that the ban protects patients

  3. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,812 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

  4. 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."

  5. Section 315 - Relation to other proceedings or actions

    35 U.S.C. § 315   Cited 554 times   901 Legal Analyses
    Permitting the Director to consolidate separate IPRs challenging the same patent

  6. 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)

  7. Section 312 - Petitions

    35 U.S.C. § 312   Cited 131 times   122 Legal Analyses
    Governing inter partes reexamination

  8. 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

  9. Section 42.106 - Filing date

    37 C.F.R. § 42.106   Cited 1 times   4 Legal Analyses

    (a)Complete petition. A petition to institute inter partes review will not be accorded a filing date until the petition satisfies all of the following requirements: (1) Complies with § 42.104 ; (2) Effects service of the petition on the correspondence address of record as provided in § 42.105(a) ; and (3) Is accompanied by the fee to institute required in § 42.15(a) . (b)Incomplete petition. Where a party files an incomplete petition, no filing date will be accorded, and the Office will dismiss the