Posts Tagged: substantial evidence


The Federal Circuit’s Hidden Agenda

One might naturally expect that, if a rejection under § 101 appealed from the PTAB failed to address all the claim limitations and had zero supporting evidence to determine …

The Federal Circuit Will Not Re-Weigh Evidence Considered By The Board in IPR Appeals

The Court noted that all of Warsaw’s arguments related to the Board’s findings of fact, and were therefore reviewed for “substantial evidence.” The Board’s …

How Much Deference Should the CAFC Give the USPTO?

A factual determination of the Board is to be upheld if there is substantial evidence to support it, In re Gartside, 203 F.3d 1305, 1315 (Fed. Cir. 2000), and a …
By Gene Quinn
9 years ago 7

Petition for Rehearing en banc filed in Plasmart v. Kappos

This case intrigued me from the start because it seemed rather odd that there should be a nonprecedential opinion in an appeal to the Federal Circuit necessitated …
By Gene Quinn
9 years ago 2

Obviousness Ruling Based on Mischaracterizations of Reference Overturned by CAFC

But what is refreshing and important in the Federal Circuit’s opinion is that mischaracterizations of references relied upon by the patent examiner (or the BPAI) for …
By Eric Guttag
11 years ago 18

Entire Market Value Rule Lives As $357 Million Verdict Dies

The appeal in Lucent Technologies, Inc. v. Gateway, Inc. from the Southern District of California was considered in many quarters as the potentially seminal case on how …
By Eric Guttag
12 years ago 0