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Search America, Inc. v. TransUnion Intelligence LLC

09951962 (P.T.A.B. Feb. 3, 2015)
Search America, Inc. v. TransUnion Intelligence LLC

26 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,320 times   227 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  2. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,519 times   169 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"

  3. Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 585 times   76 Legal Analyses
    Holding that our written description requirement requires that a specification “reasonably convey to those skilled in the art” that the inventor “actually invented” and “had possession of the claimed subject matter as of the filing date [of the invention]”

  4. Bristol-Myers Squibb v. Ben Venue Labs

    246 F.3d 1368 (Fed. Cir. 2001)   Cited 273 times   11 Legal Analyses
    Holding preamble language non-limiting in method of treatment claims containing two steps, the second of which was administering a compound

  5. Ormco Corp. v. Align Technology, Inc.

    463 F.3d 1299 (Fed. Cir. 2006)   Cited 201 times   5 Legal Analyses
    Holding that evidence that success was due to prior art features rebutted the presumption

  6. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 141 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

  7. Demaco Corp. v. F. Von Langsdorff Licensing

    851 F.2d 1387 (Fed. Cir. 1988)   Cited 166 times   2 Legal Analyses
    Holding that patentee bears the burden of proving a nexus between claimed secondary considerations and the merits of the patented invention

  8. In re Huang

    100 F.3d 135 (Fed. Cir. 1996)   Cited 91 times   3 Legal Analyses
    Holding that the inventor's opinion as to the purchaser's reason for buying the product is insufficient to demonstrate a nexus

  9. In re Clay

    966 F.2d 656 (Fed. Cir. 1992)   Cited 87 times   10 Legal Analyses
    Concluding that a reference was not reasonably pertinent where a PHOSITA "would not reasonably have expected to solve the [relevant] problem ... by considering" that reference

  10. Volk v. United States

    57 F. Supp. 2d 888 (N.D. Cal. 1999)   Cited 42 times
    Affirming conviction under 36 C.F.R. § 4.23 and 36 C.F.R. § 4.23 where results of nystagmus tests were not offered at trial but other field sobriety tests were administered and trial court held "that the evidence of the [breathalyzer] test results combined with Officer West's observations demonstrated beyond a reasonable doubt that he had committed the offenses"

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,280 times   1025 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 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,056 times   449 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."

  13. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,938 times   949 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  14. Rule 701 - Opinion Testimony by Lay Witnesses

    Fed. R. Evid. 701   Cited 5,728 times   26 Legal Analyses
    Requiring lay opinion testimony to be "rationally based on the witness's perception"

  15. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,511 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

  16. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,404 times   2192 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  17. Rule 902 - Evidence That Is Self-Authenticating

    Fed. R. Evid. 902   Cited 2,121 times   35 Legal Analyses
    Setting the certification process for domestic records of regularly conducted business activity

  18. Rule 106 - Remainder of or Related Statements

    Fed. R. Evid. 106   Cited 1,053 times   10 Legal Analyses
    Providing that a party is entitled to the admission of any part of a recorded statement which ought, in fairness, be considered contemporaneously with the portion of a statement excerpted by an adverse party

  19. 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"

  20. Section 324 - Institution of post-grant review

    35 U.S.C. § 324   Cited 42 times   56 Legal Analyses
    Requiring threshold determination that it is "more likely than not that at least 1 of the claims . . . is unpatentable"

  21. Section 42.73 - Judgment

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

  22. Section 42.300 - Procedure; pendency

    37 C.F.R. § 42.300   Cited 13 times   10 Legal Analyses

    (a) A covered business method patent review is a trial subject to the procedures set forth in subpart A of this part and is also subject to the post-grant review procedures set forth in subpart C except for §§ 42.200 , 42.201 , 42.202 , and 42.204 . (b) In a covered business method patent review proceeding, a claim of a patent, or a claim proposed in a motion to amend under § 42.221 , shall be construed using the same claim construction standard that would be used to construe the claim in a civil

  23. Section 42.64 - Objection; motion to exclude

    37 C.F.R. § 42.64   Cited 2 times   23 Legal Analyses

    (a)Deposition evidence. An objection to the admissibility of deposition evidence must be made during the deposition. Evidence to cure the objection must be provided during the deposition, unless the parties to the deposition stipulate otherwise on the deposition record. (b)Other evidence. For evidence other than deposition evidence: (1)Objection. Any objection to evidence submitted during a preliminary proceeding must be filed within ten business days of the institution of the trial. Once a trial

  24. 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,