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Motorola Mobility LLC v. Intellectual Ventures I LLC

08417140 (P.T.A.B. Sep. 9, 2015)
Motorola Mobility LLC v. Intellectual Ventures I LLC

31 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,879 times   167 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  2. Abbott Laboratories v. Sandoz, Inc.

    566 F.3d 1282 (Fed. Cir. 2009)   Cited 287 times   7 Legal Analyses
    Holding that a chemical formulation that the applicants could have claimed given that it appeared in their priority application, but chose not to, falls outside the scope, literal or equivalent, of the claim

  3. Grober v. Mako Prods., Inc.

    686 F.3d 1335 (Fed. Cir. 2012)   Cited 217 times   1 Legal Analyses
    Holding that a defendant's publications in a national publication—even a publication based in the forum state—is not a “contact” with a “specific” forum

  4. DealerTrack, Inc. v. Huber

    674 F.3d 1315 (Fed. Cir. 2012)   Cited 217 times   6 Legal Analyses
    Holding that a "computer-aided" method for "processing information through a clearinghouse" for car loan applications is patent ineligible

  5. 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

  6. 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

  7. Thompson v. Bank of Am. Nat'l Ass'n

    783 F.3d 1022 (5th Cir. 2015)   Cited 110 times
    Holding at summary judgment that witness affidavits did not authenticate an online log because the affidavits did not "say that [the witnesses] have personal knowledge of the online log or that it represents an unaltered version of the website ... likely because ... th[e] log w created and maintained by" a third party rather than by the witnesses

  8. Invitrogen Corp. v. Biocrest Mfg., L.P.

    327 F.3d 1364 (Fed. Cir. 2003)   Cited 108 times   2 Legal Analyses
    Finding district court's claim construction erroneously excluded an embodiment described in an example in the specification, where the prosecution history showed no such disavowal of claim scope

  9. In re Am. Academy of Science Tech Ctr.

    367 F.3d 1359 (Fed. Cir. 2004)   Cited 90 times   1 Legal Analyses
    Holding that descriptions of deficiencies of using mainframe computers set out in the "Background of the Invention" portion of the specification did not exclude mainframes from the definition of "'user computer'" where the "specification as a whole" did not express a clear disavowal of that subject matter

  10. In re Klopfenstein

    380 F.3d 1345 (Fed. Cir. 2004)   Cited 78 times   18 Legal Analyses
    Holding that whether a reference is publicly accessible is based on the “facts and circumstances surrounding the reference's disclosure to members of the public”

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,409 times   1059 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

  12. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,023 times   1024 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 408 times   203 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  14. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  15. 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)

  16. Section 312 - Petitions

    35 U.S.C. § 312   Cited 128 times   122 Legal Analyses
    Governing inter partes reexamination

  17. Section 112 - Honor America Days

    36 U.S.C. § 112   Cited 11 times

    (a) DESIGNATION.-The 21 days from Flag Day through Independence Day is a period to honor America. (b) CONGRESSIONAL DECLARATION.-Congress declares that there be public gatherings and activities during that period at which the people of the United States can celebrate and honor their country in an appropriate way. 36 U.S.C. § 112 Pub. L. 105-225, 112 Stat. 1257. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 112(a) 36:157b (words before comma). June 13

  18. 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"

  19. Section 42.73 - Judgment

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

  20. 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

  21. 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,