31 Cited authorities

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 26,464 times 228 Legal Analyses
Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
Kumho Tire Co. v. Carmichael
526 U.S. 137 (1999) Cited 12,693 times 30 Legal Analyses
Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"
Lujan v. National Wildlife Federation
497 U.S. 871 (1990) Cited 9,579 times 2 Legal Analyses
Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
Constant v. Advanced Micro-Devices, Inc.
848 F.2d 1560 (Fed. Cir. 1988) Cited 743 times 3 Legal Analyses
Holding that evidence of routine business practice can be used to prove that a reference was accessible
Fireman's Ins. Co. of Newark, N.J. v. DuFresne
676 F.2d 965 (3d Cir. 1982) Cited 908 times
Holding that a party opposing a motion for summary judgment cannot "rely merely upon bare assertions, conclusory allegations or suspicions" to support its claim
Merck & Co. v. Teva Pharmaceuticals USA, Inc.
395 F.3d 1364 (Fed. Cir. 2005) Cited 418 times 10 Legal Analyses
Holding that commercial success is not significantly probative of non-obviousness where others are barred from acting on the prior art
Aerel, S.R.L. v. PCC Airfoils, L.L.C.
448 F.3d 899 (6th Cir. 2006) Cited 390 times
Holding that a party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his previous sworn statement
Nobelpharma AB v. Implant Innovations, Inc.
141 F.3d 1059 (Fed. Cir. 1998) Cited 340 times 5 Legal Analyses
Holding that "[w]hether conduct in the prosecution of a patent is sufficient to strip a patentee of its immunity from the antitrust laws" implicates the Federal Circuit's "exclusive jurisdiction" and, accordingly, should be decided under the law of that circuit
Kalis v. Colgate-Palmolive Co.
231 F.3d 1049 (7th Cir. 2000) Cited 245 times
Holding that district court did not abuse its discretion by denying motion to extend discovery where "no effort was made to explain why the requested discovery could not have taken place within the original discovery period"
Gillette Co. v. Energizer Holdings, Inc.
405 F.3d 1367 (Fed. Cir. 2005) Cited 154 times 2 Legal Analyses
Holding party to “blatant admission” in argument made to EPO
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,128 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,858 times 260 Legal Analyses
Adopting the Daubert standard
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,520 times 35 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Section 112 - Specification
35 U.S.C. § 112 Cited 7,290 times 1032 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
Section 103 - Conditions for patentability; non-obvious subject matter
35 U.S.C. § 103 Cited 6,066 times 465 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."
Section 102 - Conditions for patentability; novelty
35 U.S.C. § 102 Cited 5,945 times 964 Legal Analyses
Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
Rule 802 - The Rule Against Hearsay
Fed. R. Evid. 802 Cited 3,847 times 11 Legal Analyses
Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay
Rule 602 - Need for Personal Knowledge
Fed. R. Evid. 602 Cited 3,527 times 13 Legal Analyses
Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

Bayer Healthcare Pharmaceuticals Inc. v. Biogen Idec Inc.

31 Cited authorities

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

Holding that evidence of routine business practice can be used to prove that a reference was accessible

Holding that a party opposing a motion for summary judgment cannot "rely merely upon bare assertions, conclusory allegations or suspicions" to support its claim

Holding that commercial success is not significantly probative of non-obviousness where others are barred from acting on the prior art

Holding that a party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his previous sworn statement

Holding that "[w]hether conduct in the prosecution of a patent is sufficient to strip a patentee of its immunity from the antitrust laws" implicates the Federal Circuit's "exclusive jurisdiction" and, accordingly, should be decided under the law of that circuit

Holding that district court did not abuse its discretion by denying motion to extend discovery where "no effort was made to explain why the requested discovery could not have taken place within the original discovery period"

Holding party to “blatant admission” in argument made to EPO

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting the Daubert standard

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

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

Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"