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NuCurrent, Inc.

25 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. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,187 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 749 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

  4. Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc.

    566 F.3d 989 (Fed. Cir. 2009)   Cited 259 times   2 Legal Analyses
    Finding that inventor's unwitnessed notebook was not adequate corroborating evidence of an earlier invention date

  5. Al-Site Corp. v. VSI International, Inc.

    174 F.3d 1308 (Fed. Cir. 1999)   Cited 276 times   1 Legal Analyses
    Holding that although the claim elements "eyeglass hanger member" and "eyeglass contacting member" include a function, these claim elements do not invoke 35 U.S.C. 112, sixth paragraph because the claims themselves contain sufficient structural limitations for performing these functions

  6. In re GPAC Inc.

    57 F.3d 1573 (Fed. Cir. 1995)   Cited 168 times   2 Legal Analyses
    In GPAC, for example, we found that a reference disclosing an equilibrium air door was reasonably pertinent to a patent directed to asbestos removal because they both addressed the same problem of "maintaining a pressurized environment while allowing for human ingress and egress."

  7. Ryko Manufacturing Co. v. Nu-Star, Inc.

    950 F.2d 714 (Fed. Cir. 1991)   Cited 135 times
    Holding on summary judgment that the claimed invention was obvious, despite "assuming] that a nexus existed," because "secondary considerations did not carry sufficient weight to override a determination of obviousness based on primary considerations"

  8. Dynamic Drinkware, LLC v. National Graphics, Inc.

    800 F.3d 1375 (Fed. Cir. 2015)   Cited 43 times   18 Legal Analyses
    Stating that once the petitioner meets its initial burden of going forward with evidence that there is anticipating prior art, the patent owner has "the burden of going forward with evidence either that the prior art does not actually anticipate, or . . . that it is not prior art because the asserted claim is entitled to the benefit of a filing date prior to the alleged prior art." (quoting Tech. Licensing Corp. v. Videotek, Inc., 545 F.3d 1316, 1327 (Fed. Cir. 2008))

  9. Harmonic Inc. v. Avid Tech., Inc.

    815 F.3d 1356 (Fed. Cir. 2016)   Cited 39 times   8 Legal Analyses

    No. 2015–1072. 03-01-2016 HARMONIC INC., Appellant v. AVID TECHNOLOGY, INC., Appellee. Boris Feldman, Wilson, Sonsini, Goodrich & Rosati, PC, Palo Alto, CA, argued for appellant. Also represented by James C. Yoon; Michael T. Rosato, Seattle, WA; Robin L. Brewer, San Francisco, CA; Gideon A. Schor, New York, NY; Richard Torczon, Washington, DC. Gregory A. Castanias, Jones Day, Washington, DC, argued for appellee. Also represented by David B. Cochran, Joseph M. Sauer, Cleveland, OH; Matthew Johnson

  10. In re Piasecki

    745 F.2d 1468 (Fed. Cir. 1984)   Cited 73 times   2 Legal Analyses
    Finding nonobviousness where the evidence demonstrated a failure of others to provide a feasible solution to a longstanding problem

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

    35 U.S.C. § 103   Cited 6,167 times   492 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 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 298 times   314 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  13. 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"

  14. 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)

  15. Section 312 - Petitions

    35 U.S.C. § 312   Cited 130 times   122 Legal Analyses
    Governing inter partes reexamination

  16. Section 328 - Decision of the Board

    35 U.S.C. § 328   Cited 11 times   11 Legal Analyses

    (a) FINAL WRITTEN DECISION.-If a post-grant review is instituted and not dismissed under this chapter, the Patent Trial and Appeal Board shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner and any new claim added under section 326(d). (b) CERTIFICATE.-If the Patent Trial and Appeal Board issues a final written decision under subsection (a) and the time for appeal has expired or any appeal has terminated, the Director shall issue

  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 42.1 - 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

  19. 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"

  20. Section 90.2 - Notice; service

    37 C.F.R. § 90.2   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,