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Merck Sharp & Dohme Corp.

IPR2020-01072 (P.T.A.B. May. 7, 2021)
Merck Sharp & Dohme Corp.

65 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,950 times   238 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  2. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,545 times   185 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 3,177 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  4. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 742 times   5 Legal Analyses
    Holding that party opposing summary judgment must show either that movant has not established its entitlement to judgment on the undisputed facts or that material issues of fact require resolution by trial

  5. Pfizer v. Apotex

    480 F.3d 1348 (Fed. Cir. 2007)   Cited 378 times   7 Legal Analyses
    Holding the district court clearly erred when it failed to consider relevant prior art

  6. Eli Lilly & Co. v. Barr Laboratories, Inc.

    251 F.3d 955 (Fed. Cir. 2001)   Cited 383 times   8 Legal Analyses
    Holding that the best mode does not extend to unclaimed, non-novel subject matter

  7. Schering Corp. v. Geneva Pharmaceuticals

    339 F.3d 1373 (Fed. Cir. 2003)   Cited 338 times   8 Legal Analyses
    Holding a claim invalid as anticipated when it claimed compounds in Markush form and a prior art reference disclosed one of the claimed compounds

  8. Net Moneyin v. Verisign

    545 F.3d 1359 (Fed. Cir. 2008)   Cited 279 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. Technology v. Videotek

    545 F.3d 1316 (Fed. Cir. 2008)   Cited 247 times   2 Legal Analyses
    Holding that use of term “black box” did not render the claim indefinite because that term was known in the field to represent video standard detector circuitry

  10. In re Gleave

    560 F.3d 1331 (Fed. Cir. 2009)   Cited 149 times
    Finding that the prior art reference was enabling and stating that “the fact that [the reference] provides ‘no understanding of which of the targets would be useful’ is of no import, because [the patent applicant] admits that it is well within the skill of an ordinary person in the art to make any oligodeoxynucleotide sequence”

  11. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 27,467 times   280 Legal Analyses
    Adopting the Daubert standard

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

    35 U.S.C. § 103   Cited 6,121 times   477 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."

  13. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,984 times   997 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  14. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,298 times   53 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  15. Rule 703 - Bases of an Expert's Opinion Testimony

    Fed. R. Evid. 703   Cited 4,880 times   27 Legal Analyses
    Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted

  16. Section 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,930 times   140 Legal Analyses
    Granting a presumption of validity to patents

  17. Rule 105 - Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes

    Fed. R. Evid. 105   Cited 648 times   1 Legal Analyses
    Recognizing district court's power to admit evidence for a limited purpose

  18. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 290 times   311 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  19. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 161 times   139 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  20. Section 312 - Petitions

    35 U.S.C. § 312   Cited 128 times   119 Legal Analyses
    Governing inter partes reexamination

  21. 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"

  22. Section 42.23 - Oppositions, replies, and sur-replies

    37 C.F.R. § 42.23   Cited 42 times   39 Legal Analyses
    Taking testimony

  23. 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

  24. Section 42.65 - Expert testimony; tests and data

    37 C.F.R. § 42.65   Cited 6 times   15 Legal Analyses
    Discussing "[e]xpert testimony"

  25. 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

  26. 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,