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National Products Inc.

IPR2021-00622 (P.T.A.B. Oct. 6, 2021)
National Products Inc.

27 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,577 times   189 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"

  2. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,891 times   170 Legal Analyses
    Holding Texas Digital approach "improperly restricts the role of the specification in claim construction"

  3. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,190 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  4. U.S. Surgical Corp. v. Ethicon, Inc.

    103 F.3d 1554 (Fed. Cir. 1997)   Cited 694 times   2 Legal Analyses
    Holding that claim construction is required only "when the meaning or scope of technical terms and words of art is unclear and in dispute and requires resolution to determine" the issue before the court

  5. Technology v. Videotek

    545 F.3d 1316 (Fed. Cir. 2008)   Cited 252 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

  6. Continental Can Co. USA, v. Monsanto Co.

    948 F.2d 1264 (Fed. Cir. 1991)   Cited 335 times   3 Legal Analyses
    Holding that an inherent limitation must be “necessarily present” and cannot be established by “probabilities or possibilities”

  7. Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd.

    821 F.3d 1359 (Fed. Cir. 2016)   Cited 129 times   16 Legal Analyses
    Holding a reply brief and declaration exceeded the proper scope for a reply because they cited "a number of non-patent literature references which were not relied upon to support unpatentability in the Petition"

  8. Belden Inc. v. Berk-Tek LLC

    805 F.3d 1064 (Fed. Cir. 2015)   Cited 116 times   21 Legal Analyses
    Holding that a declaration appended to a reply brief "fairly respond[ed] only to arguments made in ... [the patent owner]'s response," as required by § 42.23(b), and that the patent owner had "a meaningful opportunity to respond," as required by the APA

  9. Salazar v. Procter Gamble Co.

    414 F.3d 1342 (Fed. Cir. 2005)   Cited 130 times   1 Legal Analyses
    Holding that a unilateral statement by a patent examiner in stating his reasons for allowance did not disavow claim scope because " the applicant has disavowed nothing"

  10. Litton Systems, Inc. v. Whirlpool Corp.

    728 F.2d 1423 (Fed. Cir. 1984)   Cited 202 times   6 Legal Analyses
    Finding that the legal effect of labeling may depend on the prominence of the label as well as how expensive and routinely purchased the product is

  11. 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."

  12. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,034 times   1029 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 381 times   636 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  14. Section 312 - Petitions

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

  15. 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"

  16. Section 42.4 - Notice of trial

    37 C.F.R. § 42.4   Cited 54 times   6 Legal Analyses
    Stating that "[t]he Board institutes the trial on behalf of the Director"