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Swarm Technology LLC

25 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,576 times   189 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. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,891 times   170 Legal Analyses
    Holding Texas Digital approach "improperly restricts the role of the specification in claim construction"

  3. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,190 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  4. Vitronics Corporation v. Conceptronic, Inc.

    90 F.3d 1576 (Fed. Cir. 1996)   Cited 4,398 times   10 Legal Analyses
    Holding that a claim construction that excludes the preferred embodiment is "rarely, if ever, correct and would require highly persuasive evidentiary support"

  5. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 750 times   5 Legal Analyses
    Holding that party opposing summary judgment must show either that movant has not established its entitlement to judgment on the undisputed facts or that material issues of fact require resolution by trial

  6. WBIP, LLC v. Kohler Co.

    829 F.3d 1317 (Fed. Cir. 2016)   Cited 252 times   17 Legal Analyses
    Holding that a nexus can be presumed when the asserted objective indicia is tied to a specific product and the product is the invention claimed in the patent

  7. Dickinson & Co. v. Tyco Healthcare Grp., LP

    616 F.3d 1249 (Fed. Cir. 2010)   Cited 212 times   4 Legal Analyses
    Holding "hinged arm" could not be connected to itself

  8. CAE Screenplates Inc. v. Heinrich Fiedler GmbH & Co. KG

    224 F.3d 1308 (Fed. Cir. 2000)   Cited 227 times
    Holding there is a presumption that when different words are used to describe different elements they have different meanings

  9. In re Rouffet

    149 F.3d 1350 (Fed. Cir. 1998)   Cited 160 times   2 Legal Analyses
    Holding that objective evidence of nonobviousness [secondary considerations] "includes copying, long felt but unsolved need, failure of others, commercial success, unexpected results created by the claimed invention, unexpected properties of the claimed invention, licenses showing industry respect for the invention, and skepticism of skilled artisans before the invention"

  10. Astrazeneca AB, Aktiebolaget Hassle, KBI-E, Inc. v. Mutual Pharmaceutical Co.

    384 F.3d 1333 (Fed. Cir. 2004)   Cited 127 times
    Holding that patentee's declaration that a term is "defined" in the specification is a "strong signal of lexicography"

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

    35 U.S.C. § 103   Cited 6,173 times   493 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."

  12. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,034 times   1029 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. Section 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,973 times   142 Legal Analyses
    Granting a presumption of validity to patents

  14. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 381 times   636 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  15. Section 2 - Powers and duties

    35 U.S.C. § 2   Cited 116 times   27 Legal Analyses
    Authorizing the Patent Office to cover the expenses of "persons" other than federal employees attending programs on intellectual-property protection

  16. 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"

  17. Section 42.108 - Institution of inter partes review

    37 C.F.R. § 42.108   Cited 46 times   69 Legal Analyses
    Permitting partial institution