28 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,021 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,479 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  3. Molins PLC v. Textron, Inc.

    48 F.3d 1172 (Fed. Cir. 1995)   Cited 573 times   2 Legal Analyses
    Holding that a district court did not clearly err in finding materiality where the prior art reference at issue had been considered material by examiners in related foreign patent applications
  4. Cordis Corp. v. Boston Scientific Corp.

    561 F.3d 1319 (Fed. Cir. 2009)   Cited 266 times   8 Legal Analyses
    Holding that an academic paper distributed among a limited set of professional colleagues is not a prior art publication
  5. Invitrogen Corp. v. Biocrest Mfg., L.P.

    424 F.3d 1374 (Fed. Cir. 2005)   Cited 174 times   9 Legal Analyses
    Holding that the Supreme Court's "ready for patenting test" set forth in Pfaff, a case concerning § 102(b)'s on-sale bar, "applies to the public use bar under § 102(b)"
  6. Tokai Corp v. Easton Enterprises, Inc.

    632 F.3d 1358 (Fed. Cir. 2011)   Cited 147 times   1 Legal Analyses
    Holding that regional circuit law governs the decision to exclude evidence
  7. Barmag Barmer Maschinenfabrik v. Murata Mach

    731 F.2d 831 (Fed. Cir. 1984)   Cited 276 times   1 Legal Analyses
    Holding that mere allegations do not create a material issue of fact if the nonmovant cannot "point to an evidentiary conflict created on the record at least by a counter statement of a fact or facts set forth in detail in an affidavit by a knowledgeable affiant."
  8. Zenith Electronics Corp. v. PDI Communication Systems, Inc.

    522 F.3d 1348 (Fed. Cir. 2008)   Cited 111 times   1 Legal Analyses
    Finding no genuine issue of material fact as to whether prior art was in public use on basis of witness testimony, documentary evidence, patentee's admissions
  9. Netscape Communications Corp. v. Konrad

    295 F.3d 1315 (Fed. Cir. 2002)   Cited 99 times   5 Legal Analyses
    Concluding that an offer to make a "remote database object ... in exchange for four months full time employment or no more than $48,000" was a "commercial offer for sale"
  10. Myspace, Inc. v. Graphon Corp.

    672 F.3d 1250 (Fed. Cir. 2012)   Cited 57 times   10 Legal Analyses
    Holding that "in construing a claim there are two limiting factors what was invented, and what exactly was claimed," with the former determined by looking to "the entire patent, with particular attention to the specification"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,902 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,944 times   960 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
  13. Section 120 - Benefit of earlier filing date in the United States

    35 U.S.C. § 120   Cited 593 times   109 Legal Analyses
    Granting an earlier priority date to later applications for inventions that were disclosed in a previous application
  14. 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
  15. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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"
  16. Section 1.78 - Claiming benefit of earlier filing date and cross-references to other applications

    37 C.F.R. § 1.78   Cited 65 times   30 Legal Analyses
    Explaining that an applicant can file a continuation application to adjust claims of the patent