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Shaw Industries Group, Inc. v. AUTOMATED CREEL SYSTEMS, INC.

12253398 - (D) (P.T.A.B. Jul. 24, 2014)
Shaw Industries Group, Inc. v. AUTOMATED CREEL SYSTEMS, INC.

22 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,565 times   187 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. McGinley v. Franklin Sports, Inc.

    262 F.3d 1339 (Fed. Cir. 2001)   Cited 115 times
    Affirming identification of corresponding structure as including "egg-shaped indicia having `a slight taper at the portion of each indicia situated closest to the palm of the hand, and any equivalents of such structure'"

  3. In re Icon Health

    496 F.3d 1374 (Fed. Cir. 2007)   Cited 46 times   3 Legal Analyses
    Concluding that "[a]nalogous art to Icon's application," which related to "a treadmill with a folding mechanism and a means for retaining that mechanism in the folded position," included "any area describing hinges, springs, latches, counterweights, or other similar mechanisms—such as the folding bed in" the prior art

  4. In re Gordon

    733 F.2d 900 (Fed. Cir. 1984)   Cited 31 times   2 Legal Analyses
    Finding that a modification which renders the invention inoperable for its intended purpose is not obvious because it teaches away from the invention

  5. Advanced Cardiovascular v. Medtronic Vascular

    485 F. Supp. 2d 519 (D. Del. 2007)   Cited 2 times

    Civ. Nos. 98-80-SLR, 98-314-SLR, 98-316-SLR. March 29, 2007. Frederick L. Cottrell III, Esquire and Anne S. Gaza, Esquire of Richards, Layton Finger, Wilmington, DE. Counsel for Plaintiff. Of Counsel: J. Michael Jakes, Esquire, Gerald F. Ivey, Esquire, and Michael A. Morin, Esquire of Finnegan, Henderson, Farabow, Garrett Dunner, LLP, Washington, DC. Karen Jacobs Louden, Esquire, and Leslie A. Polizoti, Esquire of Morris, Nichols, Arsht Tunnell, Wilmington, DE. Counsel for Defendants. Of Counsel:

  6. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 27,973 times   290 Legal Analyses
    Adopting the Daubert standard

  7. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 7,063 times   12 Legal Analyses
    Stating that relevant evidence is generally admissible at trial

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

    35 U.S.C. § 103   Cited 6,157 times   488 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."

  9. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,022 times   1024 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  10. Rule 104 - Preliminary Questions

    Fed. R. Evid. 104   Cited 3,468 times   13 Legal Analyses
    Noting that, in making preliminary determinations relevant to admissibility, "the court is not bound by evidence rules, except those on privilege"

  11. Section 315 - Relation to other proceedings or actions

    35 U.S.C. § 315   Cited 550 times   898 Legal Analyses
    Permitting the Director to consolidate separate IPRs challenging the same patent

  12. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 408 times   203 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  13. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 298 times   313 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  14. 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"

  15. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 161 times   140 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

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

    37 C.F.R. § 42.23   Cited 43 times   40 Legal Analyses
    Taking testimony

  17. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 18 times   62 Legal Analyses
    Regarding judgments

  18. Section 42.20 - Generally

    37 C.F.R. § 42.20   Cited 16 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 42.6 - Filing of documents, including exhibits; service

    37 C.F.R. § 42.6   Cited 9 times   43 Legal Analyses

    (a)General format requirements. (1) Page size must be 81/2 inch * 11 inch except in the case of exhibits that require a larger size in order to preserve details of the original. (2) In documents, including affidavits, created for the proceeding: (i) Markings must be in black or must otherwise provide an equivalent dark, high-contrast image; (ii) 14-point, Times New Roman proportional font, with normal spacing, must be used; (iii) Double spacing must be used except in claim charts, headings, tables

  20. Section 42.63 - Form of evidence

    37 C.F.R. § 42.63   Cited 2 times   11 Legal Analyses

    (a)Exhibits required. Evidence consists of affidavits, transcripts of depositions, documents, and things. All evidence must be filed in the form of an exhibit. (b)Translation required. When a party relies on a document or is required to produce a document in a language other than English, a translation of the document into English and an affidavit attesting to the accuracy of the translation must be filed with the document. (c)Exhibit numbering. Each party's exhibits must be uniquely numbered sequentially

  21. Section 42.14 - Public availability

    37 C.F.R. § 42.14   Cited 1 times   3 Legal Analyses

    The record of a proceeding, including documents and things, shall be made available to the public, except as otherwise ordered. A party intending a document or thing to be sealed shall file a motion to seal concurrent with the filing of the document or thing to be sealed. The document or thing shall be provisionally sealed on receipt of the motion and remain so pending the outcome of the decision on the motion. 37 C.F.R. §42.14

  22. 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,