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Teleflex Medical Devices S.A.R.L.

IPR2020-00128 (P.T.A.B. Jun. 17, 2021)
Teleflex Medical Devices S.A.R.L.

44 Cited authorities

  1. Lucia v. Sec. & Exch. Comm'n

    138 S. Ct. 2044 (2018)   Cited 1,250 times   65 Legal Analyses
    Holding that SEC ALJs are "Officers" subject to the Appointments Clause

  2. Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc.

    566 F.3d 989 (Fed. Cir. 2009)   Cited 259 times   2 Legal Analyses
    Finding that inventor's unwitnessed notebook was not adequate corroborating evidence of an earlier invention date

  3. Ethicon, Inc. v. U.S. Surgical Corp.

    135 F.3d 1456 (Fed. Cir. 1998)   Cited 348 times   14 Legal Analyses
    Holding "as a matter of substantive patent law, all co-owners must ordinarily consent to join as plaintiffs in an infringement suit"

  4. Technology v. Videotek

    545 F.3d 1316 (Fed. Cir. 2008)   Cited 252 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

  5. Hybritech Inc. v. Monoclonal Antibodies, Inc.

    802 F.2d 1367 (Fed. Cir. 1986)   Cited 473 times   13 Legal Analyses
    Holding that notebook entries not witnessed until several months to a year after entry did not render them "incredible or necessarily of little corroborative value" under the circumstances and in view of other corroborating evidence

  6. Mahurkar, v. C.R. Bard, Inc.

    79 F.3d 1572 (Fed. Cir. 1996)   Cited 246 times   2 Legal Analyses
    Holding that a royalty needs to be only reasonable and that the "task [of determining a reasonable royalty] is simplified when the record shows an established royalty for the patent in question or for related patents or products"

  7. Medichem, S.A. v. Rolabo, S.L

    437 F.3d 1157 (Fed. Cir. 2006)   Cited 178 times   9 Legal Analyses
    Holding that non-inventor's notebook did not corroborate reduction to practice because the non-inventor "did not testify regarding the notebook or the genuineness of its contents" and the district court was therefore "clearly reliant on the inventor to help identify the author of specific entries made in [the non-inventor's] notebook"

  8. Purdue Pharma v. Boehringer Ingelheim GMBH

    237 F.3d 1359 (Fed. Cir. 2001)   Cited 191 times
    Holding that the accused product infringes under the court's claim construction, and the district court did not err in finding that the plaintiff made a "strong showing of a reasonable likelihood that it would succeed on the merits of its infringement claim."

  9. Cooper v. Goldfarb

    154 F.3d 1321 (Fed. Cir. 1998)   Cited 153 times   18 Legal Analyses
    Holding that inventor's date of reduction to practice requires independent corroboration

  10. Arthrex, Inc. v. Smith & Nephew, Inc.

    941 F.3d 1320 (Fed. Cir. 2019)   Cited 59 times   62 Legal Analyses
    Holding that the USPTO is not required to reopen the record or permit new briefing

  11. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,402 times   53 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  12. Section 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,972 times   142 Legal Analyses
    Granting a presumption of validity to patents

  13. Section 100 - Definitions

    35 U.S.C. § 100   Cited 624 times   101 Legal Analyses
    Defining a " ‘joint research agreement’ " as a written agreement between "2 or more persons or entities"

  14. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 410 times   205 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  15. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 298 times   314 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  16. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 162 times   140 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  17. 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"

  18. Section 42.6 - Filing of documents, including exhibits; service

    37 C.F.R. § 42.6   Cited 9 times   44 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

  19. 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

  20. 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,