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Shockwave Medical, Inc.

IPR2019-00408 (P.T.A.B. Jul. 20, 2020)
Shockwave Medical, Inc.

45 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 27,329 times   243 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 1,563 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"

  3. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,869 times   167 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"

  4. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,185 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  5. Baldwin Graphic v. Siebert

    512 F.3d 1338 (Fed. Cir. 2008)   Cited 304 times   6 Legal Analyses
    Holding that “an indefinite article ‘a’ or ‘an’ in patent parlance carries the meaning of ‘one or more’ in open-ended claims containing the transitional phrase comprising” unless a patentee has “ ‘evidence[d] a clear intent’ to limit ‘a’ or ‘an’ to ‘one’ ”

  6. Technology v. Videotek

    545 F.3d 1316 (Fed. Cir. 2008)   Cited 250 times   2 Legal Analyses
    Holding that use of term “black box” did not render the claim indefinite because that term was known in the field to represent video standard detector circuitry

  7. In re NuVasive, Inc.

    842 F.3d 1376 (Fed. Cir. 2016)   Cited 109 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"

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

    829 F.3d 1364 (Fed. Cir. 2016)   Cited 61 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

  9. In re Applied Materials, Inc.

    692 F.3d 1289 (Fed. Cir. 2012)   Cited 66 times   3 Legal Analyses
    Concluding that the board correctly rejected claims as obvious where "there was no indication that obtaining the claimed dimensions was beyond the capabilities of one of ordinary skill in the art or produced any unexpectedly beneficial properties"

  10. In re Huang

    100 F.3d 135 (Fed. Cir. 1996)   Cited 94 times   4 Legal Analyses
    Holding that the inventor's opinion as to the purchaser's reason for buying the product is insufficient to demonstrate a nexus

  11. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 27,906 times   287 Legal Analyses
    Adopting the Daubert standard

  12. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 23,557 times   87 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  13. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,734 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  14. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 14,048 times   36 Legal Analyses
    Stating that evidence is relevant at trial if "it has any tendency to make a fact" that "is of consequence" to the "determin[ation] [of] the action" any "more or less probable"

  15. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,507 times   17 Legal Analyses
    Making affidavits and declarations effectively synonymous

  16. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 7,044 times   12 Legal Analyses
    Stating that relevant evidence is generally admissible at trial

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

    35 U.S.C. § 103   Cited 6,154 times   485 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."

  18. Rule 703 - Bases of an Expert's Opinion Testimony

    Fed. R. Evid. 703   Cited 4,979 times   27 Legal Analyses
    Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted

  19. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 4,053 times   12 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

  20. Section 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,962 times   142 Legal Analyses
    Granting a presumption of validity to patents

  21. 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"

  22. Section 42.1 - Policy

    37 C.F.R. § 42.1   Cited 21 times   29 Legal Analyses

    (a)Scope. Part 42 governs proceedings before the Patent Trial and Appeal Board. Sections 1.4 , 1.7 , 1.14 , 1.16 , 1.22 , 1.23 , 1.25 , 1.26 , 1.32 , 1.34 , and 1.36 of this chapter also apply to proceedings before the Board, as do other sections of part 1 of this chapter that are incorporated by reference into this part. (b)Construction. This part shall be construed to secure the just, speedy, and inexpensive resolution of every proceeding. (c)Decorum. Every party must act with courtesy and decorum

  23. Section 42.8 - Mandatory notices

    37 C.F.R. § 42.8   Cited 11 times   12 Legal Analyses
    Requiring a party to "[i]dentify each real party-in-interest for the party"

  24. Section 42.2 - Definitions

    37 C.F.R. § 42.2   Cited 7 times   11 Legal Analyses
    Defining "party" as "at least the petitioner and the patent owner"

  25. Section 1.68 - Declaration in lieu of oath

    37 C.F.R. § 1.68   Cited 6 times

    Any document to be filed in the Patent and Trademark Office and which is required by any law, rule, or other regulation to be under oath may be subscribed to by a written declaration. Such declaration may be used in lieu of the oath otherwise required, if, and only if, the declarant is on the same document, warned that willful false statements and the like are punishable by fine or imprisonment, or both (18 U.S.C. 1001 ) and may jeopardize the validity of the application or any patent issuing thereon

  26. Section 42.64 - Objection; motion to exclude

    37 C.F.R. § 42.64   Cited 4 times   24 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

  27. 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,