KSR International Co. v. Teleflex Inc.

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"

Graham v. John Deere Co.

Holding commercial success is a "secondary consideration" suggesting nonobviousness

Eurand, Inc. v. Mylan Pharms. Inc. (In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litig.)

Holding that “the proper inquiry [in a best mode analysis] focuses on the adequacy of the disclosure rather than motivation for any nondisclosure”

Depuy Spine, Inc. v. Medtronic Sofamor Danek

Holding that the first prong was not met when “the record developed in the infringement proceeding ..., show[ed] that the question of equivalence was a close one,” particularly in light of the intensely factual inquiry involved in the doctrine of equivalents analysis

Wyers v. Master Lock Co.

Holding that a motivation to combine and a reasonable expectation of success exist when "it is simply a matter of common sense" to combine known elements of the prior art to solve a known problem

In re Cuozzo Speed Technologies, LLC

Determining that, under the "broadest reasonable interpretation standard," the construction of the term "integrally attached" as "discrete parts physically joined together as a unit without each part losing its own separate identity" was reasonable

Newell Companies, Inc. v. Kenney Mfg. Co.

Holding that because the record established such a strong case of obviousness based on the teachings of the prior art, the fact that the product was successful does not overcome the conclusion of obviousness

Nutrition 21 v. U.S.

Holding that a seven-month delay in bringing suit was sufficient to negate irreparable harm

Iron Grip Barbell Co. v. USA Sports, Inc.

Noting that licenses "may constitute evidence of nonobviousness; however, only little weight can be attributed to such evidence if the patentee does not demonstrate a nexus between the merits of the invention and the licenses of record" (quoting In re GPAC Inc. , 57 F.3d 1573, 1580 (Fed. Cir. 1995) )

In re GPAC Inc.

In GPAC, for example, we found that a reference disclosing an equilibrium air door was reasonably pertinent to a patent directed to asbestos removal because they both addressed the same problem of "maintaining a pressurized environment while allowing for human ingress and egress."

Rule 702 - Testimony by Expert Witnesses

Adopting the Daubert standard

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

Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

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

Holding that such a statement must merely be made by the party and offered against that party

Rule 401 - Test for Relevant Evidence

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Rule 402 - General Admissibility of Relevant Evidence

Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court

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

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."

Section 102 - Conditions for patentability; novelty

Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

Rule 701 - Opinion Testimony by Lay Witnesses

Requiring lay opinion testimony to be "rationally based on the witness's perception"

Rule 703 - Bases of an Expert's Opinion Testimony

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

Rule 602 - Need for Personal Knowledge

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

Section 42.100 - Procedure; pendency

Providing that the PTAB gives " claim . . . its broadest reasonable construction in light of the specification of the patent in which it appears"

Section 42.73 - Judgment

Regarding judgments

Section 42.6 - Filing of documents, including exhibits; service

Section 90.2 - Notice; service