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RFCyber Corp.

PGR2022-00003 (P.T.A.B. Mar. 24, 2022)
RFCyber Corp.

7 Cited authorities

  1. Pfizer, Inc. v. Teva Pharmaceuticals USA, Inc.

    429 F.3d 1364 (Fed. Cir. 2005)   Cited 251 times   5 Legal Analyses
    Holding that a patentee's failure to show that an accused product meets every claim limitation recited in a properly construed claim results in summary judgment of non-infringement

  2. RFCyber Corp. v. Google LLC

    2:20-CV-274-JRG (E.D. Tex. Nov. 17, 2021)

    2:20-CV-274-JRG 2:20-CV-335-JRG 11-17-2021 RFCYBER CORP., v. GOOGLE LLC, GOOGLE PAYMENT CORP. RFCYBER CORP., v. SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC. RODNEY GILSTRAP, UNITED STATES DISTRICT JUDGE CLAIM CONSTRUCTION MEMORANDUM AND ORDER RODNEY GILSTRAP, UNITED STATES DISTRICT JUDGE Before the Court is the Opening Claim Construction Brief (Dkt. No. 116) filed by Plaintiff RFCyber Corp. (“Plaintiff' or “RFCyber” or “RFC”). Also before the Court is the Responsive Claim Construction

  3. Section 325 - Relation to other proceedings or actions

    35 U.S.C. § 325   Cited 44 times   249 Legal Analyses

    (a) INFRINGER'S CIVIL ACTION.- (1) POST-GRANT REVIEW BARRED BY CIVIL ACTION.-A post-grant review may not be instituted under this chapter if, before the date on which the petition for such a review is filed, the petitioner or real party in interest filed a civil action challenging the validity of a claim of the patent. (2) STAY OF CIVIL ACTION.-If the petitioner or real party in interest files a civil action challenging the validity of a claim of the patent on or after the date on which the petitioner

  4. Section 324 - Institution of post-grant review

    35 U.S.C. § 324   Cited 42 times   58 Legal Analyses
    Requiring threshold determination that it is "more likely than not that at least 1 of the claims . . . is unpatentable"

  5. Section 321 - Post-grant review

    35 U.S.C. § 321   Cited 38 times   37 Legal Analyses
    Allowing a party to petition for PGR "to cancel as unpatentable 1 or more claims of a patent on any ground that could be raised under paragraph or of section 282(b) (relating to invalidity of the patent or any claim")

  6. Section 42.5 - Conduct of the proceeding

    37 C.F.R. § 42.5   Cited 13 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

  7. Section 42.222 - Multiple proceedings and Joinder

    37 C.F.R. § 42.222   1 Legal Analyses

    (a)Multiple proceedings. Where another matter involving the patent is before the Office, the Board may during the pendency of the post-grant review enter any appropriate order regarding the additional matter including providing for the stay, transfer, consolidation, or termination of any such matter. (b)Request for joinder. Joinder may be requested by a patent owner or petitioner. Any request for joinder must be filed, as a motion under § 42.22 , no later than one month after the institution date