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Proxense, LLC

IPR2021-01444 (P.T.A.B. Feb. 28, 2022)
Proxense, LLC

21 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,574 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 5,889 times   170 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"

  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. 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”

  5. Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd.

    821 F.3d 1359 (Fed. Cir. 2016)   Cited 128 times   16 Legal Analyses
    Holding a reply brief and declaration exceeded the proper scope for a reply because they cited "a number of non-patent literature references which were not relied upon to support unpatentability in the Petition"

  6. In re NuVasive, Inc.

    842 F.3d 1376 (Fed. Cir. 2016)   Cited 112 times   16 Legal Analyses
    Vacating and remanding so that an agency could fulfill its obligation to "make the necessary findings and have an adequate evidentiary basis for its findings" and to "articulate a satisfactory explanation for its action"

  7. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 149 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

  8. Depuy Spine v. Medtronic Sofamor Danek, Inc.

    469 F.3d 1005 (Fed. Cir. 2006)   Cited 143 times
    Holding that Medtronic's bottom-loading screws, unlike its top-loading Vertex® screws, do not possess claim 1's "opening" limitation

  9. In re Magnum Oil Tools Int'l, Ltd.

    829 F.3d 1364 (Fed. Cir. 2016)   Cited 62 times   19 Legal Analyses
    Holding that conclusory statements that "[t]he same analysis" applied to different prior art did not provide sufficient evidence to base its legal conclusion of obviousness

  10. Trivascular, Inc. v. Samuels

    812 F.3d 1056 (Fed. Cir. 2016)   Cited 60 times   7 Legal Analyses
    Finding no motivation to modify the prior art where doing so "would destroy the basic objective" of the prior art

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

    35 U.S.C. § 103   Cited 6,172 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 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,972 times   142 Legal Analyses
    Granting a presumption of validity to patents

  13. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 410 times   205 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  14. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 380 times   635 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  15. 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

  16. 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"

  17. Section 42.4 - Notice of trial

    37 C.F.R. § 42.4   Cited 54 times   6 Legal Analyses
    Stating that "[t]he Board institutes the trial on behalf of the Director"

  18. Section 42.65 - Expert testimony; tests and data

    37 C.F.R. § 42.65   Cited 6 times   19 Legal Analyses
    Discussing "[e]xpert testimony"