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Nektar Therapeutics

IPR2019-01394 (P.T.A.B. Jul. 30, 2021)
Nektar Therapeutics

50 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,575 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. Vitronics Corporation v. Conceptronic, Inc.

    90 F.3d 1576 (Fed. Cir. 1996)   Cited 4,398 times   10 Legal Analyses
    Holding that a claim construction that excludes the preferred embodiment is "rarely, if ever, correct and would require highly persuasive evidentiary support"

  5. SAS Inst. Inc. v. Iancu

    138 S. Ct. 1348 (2018)   Cited 267 times   140 Legal Analyses
    Holding that the word "any" carries "an expansive meaning"

  6. Microsoft Corp. v. Multi-Tech Systems, Inc.

    357 F.3d 1340 (Fed. Cir. 2004)   Cited 367 times   7 Legal Analyses
    Holding that statements made in prosecution of one patent are relevant to the scope of all sibling patents

  7. WBIP, LLC v. Kohler Co.

    829 F.3d 1317 (Fed. Cir. 2016)   Cited 252 times   17 Legal Analyses
    Holding that a nexus can be presumed when the asserted objective indicia is tied to a specific product and the product is the invention claimed in the patent

  8. Net Moneyin v. Verisign

    545 F.3d 1359 (Fed. Cir. 2008)   Cited 284 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. Abbott Lab. v. Andrx Pharmaceuticals

    452 F.3d 1331 (Fed. Cir. 2006)   Cited 187 times   4 Legal Analyses
    Holding that the public interest is best served by denying a preliminary injunction when a party did not establish a likelihood of success on the merits

  10. Medichem, S.A. v. Rolabo, S.L

    437 F.3d 1157 (Fed. Cir. 2006)   Cited 178 times   9 Legal Analyses
    Holding that non-inventor's notebook did not corroborate reduction to practice because the non-inventor "did not testify regarding the notebook or the genuineness of its contents" and the district court was therefore "clearly reliant on the inventor to help identify the author of specific entries made in [the non-inventor's] notebook"

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,421 times   1069 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 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,173 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."

  13. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,034 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  14. Section 100 - Definitions

    35 U.S.C. § 100   Cited 626 times   101 Legal Analyses
    Defining a " ‘joint research agreement’ " as a written agreement between "2 or more persons or entities"

  15. 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)

  16. Section 3 - Officers and employees

    35 U.S.C. § 3   Cited 50 times   29 Legal Analyses
    Providing that “[t]he Director shall ... appoint such officers ... as the Director considers necessary, ... and delegate to them such of the powers vested in the Office as the Director may determine”

  17. 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"

  18. Section 42.8 - Mandatory notices

    37 C.F.R. § 42.8   Cited 11 times   12 Legal Analyses
    Requiring a party to "[i]dentify each real party-in-interest for the party"

  19. Section 90.2 - Notice; service

    37 C.F.R. § 90.2   Cited 1 times   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,