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Yahoo! Inc. v. CreateAds LLC

08268613 (P.T.A.B. Apr. 29, 2015)
Yahoo! Inc. v. CreateAds LLC

17 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,804 times   164 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"

  2. CCS Fitness, Inc. v. Brunswick Corp.

    288 F.3d 1359 (Fed. Cir. 2002)   Cited 970 times   6 Legal Analyses
    Holding that to act as its own lexicographer, a patentee must “clearly set forth a definition of the disputed claim term” other than its plain and ordinary meaning

  3. Depuy Spine v. Medtronic Sofamor Danek, Inc.

    469 F.3d 1005 (Fed. Cir. 2006)   Cited 140 times
    Holding that Medtronic's bottom-loading screws, unlike its top-loading Vertex® screws, do not possess claim 1's "opening" limitation

  4. In re Rambus Inc.

    694 F.3d 42 (Fed. Cir. 2012)   Cited 38 times
    Finding support for a broad construction of a claim term by referencing claims in related patents in the patent family

  5. Facebook, Inc. v. Pragmatus AV, LLC

    582 F. App'x 864 (Fed. Cir. 2014)   Cited 13 times   1 Legal Analyses
    Applying Phillips standard when patent expired after the Board's reexamination decision pending appeal to the Federal Circuit

  6. In re Van Geuns

    988 F.2d 1181 (Fed. Cir. 1993)   Cited 21 times   1 Legal Analyses

    No. 91-1088. March 10, 1993. Jack E. Haken, U.S. Philips Corp., Tarrytown, NY, argued, for appellant. Fred E. McKelvey, Sol., Office of the Sol., Arlington, VA, argued, for appellee. With him on the brief, was Lee E. Barrett, Associate Sol. Appeal from the Patent and Trademark Office Board of Patent Appeals and Interferences. Before ARCHER, PLAGER, and RADER, Circuit Judges. ARCHER, Circuit Judge. Johannes R. Van Geuns appeals from the September 25, 1990 decision of the Patent and Trademark Office

  7. FOTOMEDIA TECHNOLOGIES, LLC v. AOL, LLC

    CIVIL ACTION NO. 2:07-cv-255, CIVIL ACTION NO. 2:07-cv-256 (E.D. Tex. Jul. 21, 2009)   Cited 1 times

    CIVIL ACTION NO. 2:07-cv-255, CIVIL ACTION NO. 2:07-cv-256. July 21, 2009 MEMORANDUM OPINION AND ORDER CHARLES EVERINGHAM IV, Magistrate Judge After considering the submissions and the arguments of counsel, the Court issues the following order concerning the claim construction issues: I. Introduction Plaintiff FotoMedia Technologies, LLC ("FotoMedia") filed this suit against two different sets of defendants on the same day, June 19, 2007. Defendants in Case No. 2:07-CV-255 (the "Internet Action")

  8. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 27,456 times   279 Legal Analyses
    Adopting the Daubert standard

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

    35 U.S.C. § 103   Cited 6,120 times   473 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."

  10. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,983 times   993 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  11. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 403 times   189 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  12. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 375 times   632 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  13. Section 119 - Benefit of earlier filing date; right of priority

    35 U.S.C. § 119   Cited 269 times   70 Legal Analyses
    Governing claiming priority to an earlier-filed provisional application

  14. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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"

  15. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 161 times   139 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  16. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 18 times   60 Legal Analyses
    Regarding judgments

  17. 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,