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ZERTO, INC. v. EMC Corporation

09268739 (P.T.A.B. Feb. 20, 2015)
ZERTO, INC. v. EMC Corporation

13 Cited authorities

  1. Taylor v. Sturgell

    553 U.S. 880 (2008)   Cited 3,175 times   12 Legal Analyses
    Holding that adequate representation requires that "[t]he interests of the nonparty and her representative are aligned" and "the party understood herself to be acting in a representative capacity."

  2. Gonzalez v. Banco Cent. Corp.

    27 F.3d 751 (1st Cir. 1994)   Cited 171 times
    Holding that for claim preclusion to apply, a litigant first must have had a full and fair opportunity to litigate her claim

  3. Rule 301 - Presumptions in Civil Cases Generally

    Fed. R. Evid. 301   Cited 642 times   18 Legal Analyses
    Explaining presumptions

  4. Section 315 - Relation to other proceedings or actions

    35 U.S.C. § 315   Cited 537 times   880 Legal Analyses
    Permitting the Director to consolidate separate IPRs challenging the same patent

  5. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 370 times   625 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  6. 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"

  7. Section 312 - Petitions

    35 U.S.C. § 312   Cited 127 times   116 Legal Analyses
    Governing inter partes reexamination

  8. Section 21 - Filing date and day for taking action

    35 U.S.C. § 21   Cited 16 times   19 Legal Analyses

    (a) The Director may by rule prescribe that any paper or fee required to be filed in the Patent and Trademark Office will be considered filed in the Office on the date on which it was deposited with the United States Postal Service or would have been deposited with the United States Postal Service but for postal service interruptions or emergencies designated by the Director. (b) When the day, or the last day, for taking any action or paying any fee in the United States Patent and Trademark Office

  9. Section 42.5 - Conduct of the proceeding

    37 C.F.R. § 42.5   Cited 11 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

  10. 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

  11. Section 42.14 - Public availability

    37 C.F.R. § 42.14   Cited 1 times   3 Legal Analyses

    The record of a proceeding, including documents and things, shall be made available to the public, except as otherwise ordered. A party intending a document or thing to be sealed shall file a motion to seal concurrent with the filing of the document or thing to be sealed. The document or thing shall be provisionally sealed on receipt of the motion and remain so pending the outcome of the decision on the motion. 37 C.F.R. §42.14

  12. Section 42.106 - Filing date

    37 C.F.R. § 42.106   Cited 1 times   4 Legal Analyses

    (a)Complete petition. A petition to institute inter partes review will not be accorded a filing date until the petition satisfies all of the following requirements: (1) Complies with § 42.104 ; (2) Effects service of the petition on the correspondence address of record as provided in § 42.105(a) ; and (3) Is accompanied by the fee to institute required in § 42.15(a) . (b)Incomplete petition. Where a party files an incomplete petition, no filing date will be accorded, and the Office will dismiss the

  13. Section 42.54 - Protective order

    37 C.F.R. § 42.54   7 Legal Analyses

    (a) A party may file a motion to seal where the motion to seal contains a proposed protective order, such as the default protective order set forth in the Office Patent Trial Practice Guide. The motion must include a certification that the moving party has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute. The Board may, for good cause, issue an order to protect a party or person from disclosing confidential information, including, but