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Vibrant Media, Inc. v. General Electric Company

09021331 (P.T.A.B. Jul. 28, 2014)
Vibrant Media, Inc. v. General Electric Company

52 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,575 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. 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

  3. Renishaw PLC v. Marposs Societa' Per Azioni

    158 F.3d 1243 (Fed. Cir. 1998)   Cited 1,720 times   4 Legal Analyses
    Holding that there must be a claim term in need of clarification in order to draw in statements from the written description

  4. Teleflex, Inc. v. Ficosa North America Corp.

    299 F.3d 1313 (Fed. Cir. 2002)   Cited 1,457 times   7 Legal Analyses
    Holding a patentee may define a claim term by implication, through the term's consistent use throughout the specification

  5. Personalized Media Comm. v. Int. T. Comm

    161 F.3d 696 (Fed. Cir. 1998)   Cited 523 times   5 Legal Analyses
    Holding that claim term “digital detector” recited sufficient structure to avoid § 112, ¶ 6

  6. In re Katz Interactive Call Proc. Patent

    639 F.3d 1303 (Fed. Cir. 2011)   Cited 291 times   16 Legal Analyses
    Holding that it is "not necessary to disclose more structure than the general purpose processor that performs those functions" because such functions are "coextensive with the structure disclosed."

  7. Superguide Corp. v. Directv Enterprises

    358 F.3d 870 (Fed. Cir. 2004)   Cited 308 times   12 Legal Analyses
    Holding that a party "waived its right to assert a construction other than 'matches or equals' for the term 'meet'" because it agreed to that construction in its briefs

  8. IPXL Holdings, L.L.C. v. Amazon.com, Inc.

    430 F.3d 1377 (Fed. Cir. 2005)   Cited 267 times   15 Legal Analyses
    Holding claims at issue as indefinite because they simultaneously claimed an apparatus and method steps

  9. Lighting World v. Birchwood Lighting

    382 F.3d 1354 (Fed. Cir. 2004)   Cited 268 times   10 Legal Analyses
    Holding that "[t]he district judge is in a far better position to assess [litigation misconduct] than we are"

  10. Avia Group International, Inc. v. L.A. Gear California, Inc.

    853 F.2d 1557 (Fed. Cir. 1988)   Cited 365 times   4 Legal Analyses
    Holding that parties moving for summary judgment bear burden of demonstrating that there are no genuine issues of material fact in dispute

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

    Fed. R. Evid. 403   Cited 23,746 times   88 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  12. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,419 times   1069 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

  13. 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."

  14. Rule 701 - Opinion Testimony by Lay Witnesses

    Fed. R. Evid. 701   Cited 6,032 times   28 Legal Analyses
    Limiting lay testimony to "one that is rationally based on the witness's perception" (cleaned up)

  15. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 381 times   635 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  16. 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"

  17. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

  18. 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)

  19. 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"

  20. Section 42.23 - Oppositions, replies, and sur-replies

    37 C.F.R. § 42.23   Cited 43 times   40 Legal Analyses
    Taking testimony

  21. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 18 times   62 Legal Analyses
    Regarding judgments

  22. Section 42.20 - Generally

    37 C.F.R. § 42.20   Cited 16 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

  23. Section 42.62 - Applicability of the Federal rules of evidence

    37 C.F.R. § 42.62   Cited 5 times   5 Legal Analyses

    (a)Generally. Except as otherwise provided in this subpart, the Federal Rules of Evidence shall apply to a proceeding. (b)Exclusions. Those portions of the Federal Rules of Evidence relating to criminal proceedings, juries, and other matters not relevant to proceedings under this subpart shall not apply. (c)Modifications in terminology. Unless otherwise clear from context, the following terms of the Federal Rules of Evidence shall be construed as indicated: Appellate court means United States Court

  24. 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

  25. Section 42.72 - Termination of trial

    37 C.F.R. § 42.72   Cited 2 times   16 Legal Analyses

    The Board may terminate a trial without rendering a final written decision, where appropriate, including where the trial is consolidated with another proceeding or pursuant to a joint request under 35 U.S.C. 317(a) or 327(a) . 37 C.F.R. §42.72

  26. Section 90.2 - Notice; service

    37 C.F.R. § 90.2   Cited 1 times   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,