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The Regents of the University of Colorado

PGR2021-00026 (P.T.A.B. Aug. 12, 2021)
The Regents of the University of Colorado

4 Cited authorities

  1. Dynamic Drinkware, LLC v. National Graphics, Inc.

    800 F.3d 1375 (Fed. Cir. 2015)   Cited 44 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))

  2. In re NTP, Inc.

    654 F.3d 1268 (Fed. Cir. 2011)   Cited 50 times   2 Legal Analyses
    Holding "priority can be considered and determined during reexamination proceedings," which are governed by similar statutory language

  3. PPG Industries, Inc. v. Celanese Polymer Specialties Co.

    840 F.2d 1565 (Fed. Cir. 1988)   Cited 80 times   4 Legal Analyses
    Holding that the trial court abused its discretion in refusing to award fees based on lack of documentation when counsel failed to keep contemporaneous time records, but furnished affidavits and corroborative business records

  4. Section 42.71 - Decision on petitions or motions

    37 C.F.R. § 42.71   Cited 22 times   44 Legal Analyses

    (a)Order of consideration. The Board may take up petitions or motions for decisions in any order, may grant, deny, or dismiss any petition or motion, and may enter any appropriate order. (b)Interlocutory decisions. A decision on a motion without a judgment is not final for the purposes of judicial review. If a decision is not a panel decision, the party may request that a panel rehear the decision. When rehearing a non-panel decision, a panel will review the decision for an abuse of discretion. A