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Respironics, Inc. v. ZOLL Medical Corporation

10197159 (P.T.A.B. Sep. 17, 2014)
Respironics, Inc. v. ZOLL Medical Corporation

22 Cited authorities

  1. A.C. Aukerman Co. v. R.L. Chaides Const. Co.

    960 F.2d 1020 (Fed. Cir. 1992)   Cited 655 times   37 Legal Analyses
    Holding that equitable estoppel is a cognizable defense against patent infringement

  2. Personalized Media Comm. v. Int. T. Comm

    161 F.3d 696 (Fed. Cir. 1998)   Cited 515 times   5 Legal Analyses
    Holding that claim term “digital detector” recited sufficient structure to avoid § 112, ¶ 6

  3. Medical Instr. and Diagnostics v. Elekta

    344 F.3d 1205 (Fed. Cir. 2003)   Cited 324 times   1 Legal Analyses
    Holding that district court erred in finding that defendant failed to demonstrate the existence of an issue of material fact on obvious; noting, inter alia , that "[defendant's] expert's declaration quotes from several prior art articles that expressly discuss the combination of stereotaxy with computer imaging technologies"

  4. Cardiac Pacemakers v. St. Jude Medical

    296 F.3d 1106 (Fed. Cir. 2002)   Cited 187 times
    Holding that it is improper to limit a function beyond what is stated in the claim

  5. Golight, Inc. v. Wal-Mart Stores, Inc.

    355 F.3d 1327 (Fed. Cir. 2004)   Cited 178 times   2 Legal Analyses
    Holding that the claimed function of a means-plus-function limitation at issue was contained in language set forth after the word "means"

  6. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 232 times   3 Legal Analyses
    Holding 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

  7. Ernst Haas Studio, Inc. v. Palm Press, Inc.

    164 F.3d 110 (2d Cir. 1999)   Cited 115 times
    Holding that, where a brief does not sufficiently address an argument, courts are under no obligation to "scour the record, research any legal theory that comes to mind, and serve generally as an advocate"

  8. Trintec Industries, Inc. v. Top-U.S.A. Corp.

    295 F.3d 1292 (Fed. Cir. 2002)   Cited 88 times
    Noting that the "test for novelty" requires "strict identity"

  9. Wm. Wrigley Jr. Co. v. Cadbury Adams USA LLC

    683 F.3d 1356 (Fed. Cir. 2012)   Cited 49 times   7 Legal Analyses
    Finding entry of Rule 54(b) judgment proper with respect to Cadbury commercial products but not Cadbury experimental products

  10. Novozymes v. DuPont Nutrition Biosciences APS

    723 F.3d 1336 (Fed. Cir. 2013)   Cited 44 times   9 Legal Analyses
    Upholding summary judgment of no written description

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,287 times   1030 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

  12. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,944 times   959 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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 159 times   137 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  15. Section 42.100 - Procedure; pendency

    37 C.F.R. § 42.100   Cited 188 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"

  16. Section 42.23 - Oppositions, replies, and sur-replies

    37 C.F.R. § 42.23   Cited 39 times   39 Legal Analyses
    Taking testimony

  17. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 17 times   47 Legal Analyses
    Regarding judgments

  18. Section 42.20 - Generally

    37 C.F.R. § 42.20   Cited 15 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

  19. 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,