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Toyota Motor Corporation v. American Vehicular Sciences LLC

10302105 (P.T.A.B. Jan. 29, 2015)
Toyota Motor Corporation v. American Vehicular Sciences LLC

11 Cited authorities

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

    35 U.S.C. § 103   Cited 6,061 times   453 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."

  2. Section 315 - Relation to other proceedings or actions

    35 U.S.C. § 315   Cited 538 times   883 Legal Analyses
    Permitting the Director to consolidate separate IPRs challenging the same patent

  3. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 370 times   626 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  4. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 277 times   307 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  5. Section 317 - Settlement

    35 U.S.C. § 317   Cited 37 times   45 Legal Analyses
    Addressing continuation of IPR as to some petitioners after dismissal of others

  6. Section 42.108 - Institution of inter partes review

    37 C.F.R. § 42.108   Cited 45 times   69 Legal Analyses
    Permitting partial institution

  7. Section 42.1 - Policy

    37 C.F.R. § 42.1   Cited 21 times   29 Legal Analyses

    (a)Scope. Part 42 governs proceedings before the Patent Trial and Appeal Board. Sections 1.4 , 1.7 , 1.14 , 1.16 , 1.22 , 1.23 , 1.25 , 1.26 , 1.32 , 1.34 , and 1.36 of this chapter also apply to proceedings before the Board, as do other sections of part 1 of this chapter that are incorporated by reference into this part. (b)Construction. This part shall be construed to secure the just, speedy, and inexpensive resolution of every proceeding. (c)Decorum. Every party must act with courtesy and decorum

  8. Section 42.20 - Generally

    37 C.F.R. § 42.20   Cited 15 times   38 Legal Analyses

    (a)Relief. Relief, other than a petition requesting the institution of a trial, must be requested in the form of a motion. (b)Prior authorization. A motion will not be entered without Board authorization. Authorization may be provided in an order of general applicability or during the proceeding. (c)Burden of proof. The moving party has the burden of proof to establish that it is entitled to the requested relief. (d)Briefing. The Board may order briefing on any issue involved in the trial. 37 C.F

  9. Section 42.101 - Who may petition for inter partes review

    37 C.F.R. § 42.101   Cited 7 times   10 Legal Analyses

    A person who is not the owner of a patent may file with the Office a petition to institute an inter partes review of the patent unless: (a) Before the date on which the petition for review is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent; (b) The petition requesting the proceeding is filed more than one year after the date on which the petitioner, the petitioner's real party-in-interest, or a privy of the petitioner is served

  10. Section 42.122 - Multiple proceedings and Joinder

    37 C.F.R. § 42.122   Cited 5 times   22 Legal Analyses

    (a)Multiple proceedings. Where another matter involving the patent is before the Office, the Board may during the pendency of the inter partes review enter any appropriate order regarding the additional matter including providing for the stay, transfer, consolidation, or termination of any such matter. (b)Request for joinder. Joinder may be requested by a patent owner or petitioner. Any request for joinder must be filed, as a motion under § 42.22 , no later than one month after the institution date

  11. Section 42.74 - Settlement

    37 C.F.R. § 42.74   Cited 3 times   12 Legal Analyses

    (a)Board role. The parties may agree to settle any issue in a proceeding, but the Board is not a party to the settlement and may independently determine any question of jurisdiction, patentability, or Office practice. (b)Agreements in writing. Any agreement or understanding between the parties made in connection with, or in contemplation of, the termination of a proceeding shall be in writing and a true copy shall be filed with the Board before the termination of the trial. (c)Request to keep separate