Praxair Distribution, Inc. v. INO THERAPEUTICS LLC
7 Cited authorities
In re Paulsen
30 F.3d 1475 (Fed. Cir. 1994) Cited 230 times 3 Legal AnalysesHolding an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "'set out his uncommon definition in some manner within the patent disclosure' so as to give one of ordinary skill in the art notice of the change" in meaning
Ashland Oil, v. Delta Resins Refractories
776 F.2d 281 (Fed. Cir. 1985) Cited 117 times 3 Legal AnalysesHolding that "[w]hile the opinion testimony of a party having a direct interest in the pending litigation is less persuasive than opinion testimony by a disinterested party, it cannot be disregarded for that reason alone and may be relied upon when sufficiently convincing"
In re Translogic Technology
504 F.3d 1249 (Fed. Cir. 2007) Cited 44 times 2 Legal AnalysesRecognizing 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.
Section 314 - Institution of inter partes review
35 U.S.C. § 314 Cited 370 times 626 Legal AnalysesDirecting our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"
Section 42.100 - Procedure; pendency
37 C.F.R. § 42.100 Cited 188 times 75 Legal AnalysesProviding that the PTAB gives " claim . . . its broadest reasonable construction in light of the specification of the patent in which it appears"
Section 42.108 - Institution of inter partes review
37 C.F.R. § 42.108 Cited 45 times 69 Legal AnalysesPermitting partial institution
Section 42.65 - Expert testimony; tests and data
37 C.F.R. § 42.65 Cited 5 times 15 Legal AnalysesDiscussing "[e]xpert testimony"