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Neptune Generics LLC v. AUSPEX Pharmaceuticals, Inc.

11565451 (P.T.A.B. Dec. 9, 2015)
Neptune Generics LLC v. AUSPEX Pharmaceuticals, Inc.

9 Cited authorities

  1. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 730 times   4 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

  2. In re Cuozzo Speed Technologies, LLC

    793 F.3d 1268 (Fed. Cir. 2015)   Cited 120 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

  3. In re Kubin

    561 F.3d 1351 (Fed. Cir. 2009)   Cited 130 times   10 Legal Analyses
    Finding patent invalid where an inherent benefit "is not an additional requirement imposed by the claims . . . but rather a property necessarily present" when the other limitations are satisfied

  4. In re O'Farrell

    853 F.2d 894 (Fed. Cir. 1988)   Cited 163 times   9 Legal Analyses
    Finding patent obvious where the prior art provided a "reasonable expectation of success"

  5. In re Translogic Technology

    504 F.3d 1249 (Fed. Cir. 2007)   Cited 44 times   2 Legal Analyses
    Recognizing that the Supreme Court set aside the rigid application of the TSM Test and ensured use of customary knowledge as an ingredient in that equation.

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

    35 U.S.C. § 103   Cited 6,061 times   453 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."

  7. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 370 times   626 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  8. Section 42.100 - Procedure; pendency

    37 C.F.R. § 42.100   Cited 188 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"

  9. Section 42.108 - Institution of inter partes review

    37 C.F.R. § 42.108   Cited 45 times   69 Legal Analyses
    Permitting partial institution