STERN PINBALL, INC.

14 Cited authorities

  1. Taurus IP, LLC v. Daimlerchrysler Corp.

    726 F.3d 1306 (Fed. Cir. 2013)   Cited 97 times   1 Legal Analyses
    Holding that case was exceptional where losing party filed multiple, repetitive motions and continued to litigate a position they already lost in court
  2. Dynamic Drinkware, LLC v. National Graphics, Inc.

    800 F.3d 1375 (Fed. Cir. 2015)   Cited 40 times   18 Legal Analyses
    Stating that once the petitioner meets its initial burden of going forward with evidence that there is anticipating prior art, the patent owner has "the burden of going forward with evidence either that the prior art does not actually anticipate, or . . . that it is not prior art because the asserted claim is entitled to the benefit of a filing date prior to the alleged prior art." (quoting Tech. Licensing Corp. v. Videotek, Inc., 545 F.3d 1316, 1327 (Fed. Cir. 2008))
  3. Perfect Surgical Techniques, Inc. v. Olympus Am., Inc.

    841 F.3d 1004 (Fed. Cir. 2016)   Cited 19 times   4 Legal Analyses
    Concluding the specification's usage of the disjunctive phrase “or otherwise” in the sentence “the jaws may be perforated or otherwise provided with passages” demonstrated the terms did not refer to the same things
  4. Griffith v. Kanamaru

    816 F.2d 624 (Fed. Cir. 1987)   Cited 14 times   1 Legal Analyses

    Appeal No. 87-1042. April 8, 1987. Eric S. Spector of Jones, Tullar Cooper, P.C., Arlington, Va., argued for appellant. Harold C. Wegner of Wegner Bretschneider, Washington, D.C., argued for appellees. With him on brief was Helmuth A. Wegner, of Wegner Bretschneider, Washington, D.C.; Barry E. Bretschneider and Herbert I. Cantor, of counsel. Appeal from the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office. Before BISSELL, Circuit Judge, NICHOLS, Senior Circuit

  5. Application of Harry

    333 F.2d 920 (C.C.P.A. 1964)   Cited 27 times

    Patent Appeal No. 7168. July 9, 1964. William A. Smith, Jr., Smith, Michael Gardiner, Washington, D.C., Eugene F. Buell, Hoopes, Leonard Buell, Pittsburgh, Pa., for appellants. Clarence W. Moore, Washington, D.C. (Fred W. Sherling, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of all claims of application

  6. Gould v. Schawlow

    363 F.2d 908 (C.C.P.A. 1966)   Cited 23 times   1 Legal Analyses
    Holding that a lapse in activity of “nearly two months” defeated a claim of diligence
  7. Application of Nelson

    420 F.2d 1079 (C.C.P.A. 1970)   Cited 3 times

    Patent Appeal No. 8235. February 12, 1970. Raymond Underwood, attorney of record, Rahway, N.J., for appellant. I.L. Wolk, Rahway, N.J., Albert W. Rinehart, Washington, D.C., of counsel. Joseph Schimmel, Washington, D.C., for the Commissioner of Patents. Fred W. Sherling, Jack E. Armore, Washington, D.C., of counsel. Before RICH, Acting Chief Judge, ALMOND, BALDWIN and LANE, Judges, and RAO, Chief Judge, United States Customs Court, sitting by designation. LANE, Judge. This appeal is from the decision

  8. Ireland v. Smith

    25 C.C.P.A. 1258 (C.C.P.A. 1938)   Cited 8 times
    Determining that an appellant failed to establish diligence because there was “no proof in the record” of activity during a 25–day stretch of the critical period
  9. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,991 times   1000 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
  10. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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"
  11. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622

  12. Section 1.131 - Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art

    37 C.F.R. § 1.131   Cited 116 times   16 Legal Analyses
    Allowing inventors to contest rejection by submitting an affidavit "to establish invention of the subject matter of the rejected claim prior to the effective date of the reference or activity on which the rejection is based"
  13. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)

  14. Section 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and