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United Therapeutics Corp.

IPR2020-00770 (P.T.A.B. Oct. 8, 2021)
United Therapeutics Corp.

51 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,574 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 5,889 times   170 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  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. SAS Inst. Inc. v. Iancu

    138 S. Ct. 1348 (2018)   Cited 266 times   140 Legal Analyses
    Holding that the word "any" carries "an expansive meaning"

  5. Omega Engineering, Inc v. Raytek Corp.

    334 F.3d 1314 (Fed. Cir. 2003)   Cited 1,198 times   11 Legal Analyses
    Holding that the doctrine of prosecution disclaimer does not extend to situations where the supposed disavowal of claim scope is ambiguous

  6. Amgen Inc. v. Hoechst Marion Roussel, Inc.

    314 F.3d 1313 (Fed. Cir. 2003)   Cited 508 times   14 Legal Analyses
    Holding that “non-naturally occurring” and “not isolated” were structural elements defining the source of the claimed material, rather than steps for obtaining it

  7. Rhodia Chimie & Rhodia, Inc. v. PPG Industries Inc.

    402 F.3d 1371 (Fed. Cir. 2005)   Cited 420 times   2 Legal Analyses
    Holding that "atomized precipitated silica particulates" was limited to a those silica particulates formed by the patentee's process because of an unequivocal disclaimer of other processes to overcome prior art

  8. Pfizer v. Apotex

    480 F.3d 1348 (Fed. Cir. 2007)   Cited 383 times   7 Legal Analyses
    Holding the district court clearly erred when it failed to consider relevant prior art

  9. WBIP, LLC v. Kohler Co.

    829 F.3d 1317 (Fed. Cir. 2016)   Cited 250 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

  10. Elkay Manufacturing Co. v. Ebco Manufacturing Co.

    192 F.3d 973 (Fed. Cir. 1999)   Cited 294 times   1 Legal Analyses
    Holding that arguments made with respect to a claim during the prosecution of an earlier patent applied to a claim in a later patent where the claims were "affirmatively linked" by the applicant

  11. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 23,725 times   88 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  12. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 13,144 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  13. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,626 times   17 Legal Analyses
    Making affidavits and declarations effectively synonymous

  14. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 7,115 times   13 Legal Analyses
    Stating that relevant evidence is generally admissible at trial

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

    35 U.S.C. § 103   Cited 6,172 times   492 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."

  16. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,030 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  17. 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

  18. Rule 703 - Bases of an Expert's Opinion Testimony

    Fed. R. Evid. 703   Cited 5,023 times   27 Legal Analyses
    Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted

  19. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 4,089 times   12 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

  20. Rule 902 - Evidence That Is Self-Authenticating

    Fed. R. Evid. 902   Cited 2,252 times   35 Legal Analyses
    Allowing authentication of domestic records of regularly conducted activity "by a certification of the custodian or another qualified person"

  21. 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"

  22. 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

  23. Section 42.5 - Conduct of the proceeding

    37 C.F.R. § 42.5   Cited 13 times   28 Legal Analyses

    (a) The Board may determine a proper course of conduct in a proceeding for any situation not specifically covered by this part and may enter non-final orders to administer the proceeding. (b) The Board may waive or suspend a requirement of parts 1, 41, and 42 and may place conditions on the waiver or suspension. (c)Times. (1)Setting times. The Board may set times by order. Times set by rule are default and may be modified by order. Any modification of times will take any applicable statutory pendency

  24. Section 42.8 - Mandatory notices

    37 C.F.R. § 42.8   Cited 11 times   12 Legal Analyses
    Requiring a party to "[i]dentify each real party-in-interest for the party"

  25. Section 42.123 - Filing of supplemental information

    37 C.F.R. § 42.123   Cited 9 times   38 Legal Analyses
    Explaining that the late submission of supplemental information must be in the interests of justice

  26. Section 42.2 - Definitions

    37 C.F.R. § 42.2   Cited 7 times   11 Legal Analyses
    Defining "party" as "at least the petitioner and the patent owner"

  27. 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

  28. Section 42.63 - Form of evidence

    37 C.F.R. § 42.63   Cited 2 times   11 Legal Analyses

    (a)Exhibits required. Evidence consists of affidavits, transcripts of depositions, documents, and things. All evidence must be filed in the form of an exhibit. (b)Translation required. When a party relies on a document or is required to produce a document in a language other than English, a translation of the document into English and an affidavit attesting to the accuracy of the translation must be filed with the document. (c)Exhibit numbering. Each party's exhibits must be uniquely numbered sequentially

  29. 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,