§

Norman Noble, Inc. v. NUtech Ventures

09035231 (P.T.A.B. Jun. 20, 2013)
Norman Noble, Inc. v. NUtech Ventures

15 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,884 times   168 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. Vitronics Corporation v. Conceptronic, Inc.

    90 F.3d 1576 (Fed. Cir. 1996)   Cited 4,396 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"

  3. Thorner v. Sony Computer Entertainment America LLC

    669 F.3d 1362 (Fed. Cir. 2012)   Cited 1,085 times   10 Legal Analyses
    Holding that “flexible” should be given its plain and ordinary meaning and reversing the construction of “capable of being noticeably flexed with ease”

  4. Net Moneyin v. Verisign

    545 F.3d 1359 (Fed. Cir. 2008)   Cited 283 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"

  5. Salazar v. Procter Gamble Co.

    414 F.3d 1342 (Fed. Cir. 2005)   Cited 129 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"

  6. Verdegaal Bros., v. Union Oil Co. of Calif

    814 F.2d 628 (Fed. Cir. 1987)   Cited 138 times   2 Legal Analyses
    Holding reliance on non-claimed distinction between prior art method and claimed method "inappropriate" and insufficient to save the claim from inherent anticipation

  7. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 410 times   204 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  8. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 379 times   634 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  9. 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"

  10. Section 313 - Preliminary response to petition

    35 U.S.C. § 313   Cited 54 times   4 Legal Analyses

    If an inter partes review petition is filed under section 311, the patent owner shall have the right to file a preliminary response to the petition, within a time period set by the Director, that sets forth reasons why no inter partes review should be instituted based upon the failure of the petition to meet any requirement of this chapter. 35 U.S.C. § 313 Added Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-568; amended Pub. L. 107-273, div. C, title

  11. 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"

  12. Section 42.108 - Institution of inter partes review

    37 C.F.R. § 42.108   Cited 46 times   69 Legal Analyses
    Permitting partial institution

  13. Section 42.104 - Content of petition

    37 C.F.R. § 42.104   Cited 28 times   54 Legal Analyses
    Describing the content of the petition, including both "the patents or printed publications relied upon for each ground," and "supporting evidence relied upon to support the challenge"

  14. 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

  15. Section 42.22 - Content of petitions and motions

    37 C.F.R. § 42.22   Cited 14 times   16 Legal Analyses

    (a) Each petition or motion must be filed as a separate paper and must include: (1) A statement of the precise relief requested; and (2) A full statement of the reasons for the relief requested, including a detailed explanation of the significance of the evidence including material facts, and the governing law, rules, and precedent. (b)Relief requested. Where a rule in part 1 of this title ordinarily governs the relief sought, the petition or motion must make any showings required under that rule