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Neurelis, Inc.

IPR2019-00451 (P.T.A.B. Aug. 6, 2020)
Neurelis, Inc.

67 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. Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 619 times   79 Legal Analyses
    Holding that our written description requirement requires that a specification “reasonably convey to those skilled in the art” that the inventor “actually invented” and “had possession of the claimed subject matter as of the filing date [of the invention]”

  5. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 750 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

  6. Pfizer v. Apotex

    480 F.3d 1348 (Fed. Cir. 2007)   Cited 384 times   7 Legal Analyses
    Holding the district court clearly erred when it failed to consider relevant prior art

  7. Poweroasis v. T-Mobile

    522 F.3d 1299 (Fed. Cir. 2008)   Cited 355 times   8 Legal Analyses
    Holding that the patentee had the burden to come forward with evidence to prove entitlement to an earlier filing date when it was undisputed that a certain reference was invalidating prior art

  8. 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

  9. Lockwood v. American Airlines, Inc.

    107 F.3d 1565 (Fed. Cir. 1997)   Cited 305 times   6 Legal Analyses
    Holding that "[e]ach application in the chain must describe the claimed features" and that if "one of the intervening applications does not describe" the subject matter, the later application cannot claim the benefit of the earlier application

  10. Merck Co. v. Biocraft Laboratories, Inc.

    493 U.S. 975 (1989)   Cited 98 times
    Noting that Massachusetts has not adopted good faith doctrine of United States v. Leon

  11. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 28,212 times   301 Legal Analyses
    Adopting the Daubert standard

  12. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 23,767 times   88 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  13. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,882 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  14. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,423 times   1070 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

  15. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 7,125 times   13 Legal Analyses
    Stating that relevant evidence is generally admissible at trial

  16. 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."

  17. Rule 701 - Opinion Testimony by Lay Witnesses

    Fed. R. Evid. 701   Cited 6,043 times   28 Legal Analyses
    Limiting lay testimony to "one that is rationally based on the witness's perception" (cleaned up)

  18. 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"

  19. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,412 times   53 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  20. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 4,101 times   12 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

  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 1.57 - Incorporation by reference

    37 C.F.R. § 1.57   Cited 31 times   5 Legal Analyses
    Allowing disclosures in a U.S. Patent incorporated by reference to provide § 112 support

  23. Section 42.1 - Policy

    37 C.F.R. § 42.1   Cited 21 times   29 Legal Analyses

    (a)Scope. Part 42 governs proceedings before the Patent Trial and Appeal Board. Sections 1.4 , 1.7 , 1.14 , 1.16 , 1.22 , 1.23 , 1.25 , 1.26 , 1.32 , 1.34 , and 1.36 of this chapter also apply to proceedings before the Board, as do other sections of part 1 of this chapter that are incorporated by reference into this part. (b)Construction. This part shall be construed to secure the just, speedy, and inexpensive resolution of every proceeding. (c)Decorum. Every party must act with courtesy and decorum

  24. 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"

  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   Cited 1 times   3 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,