The test for enablement is whether a person “skilled in the art, after reading the specification, could practice the claimed invention without undue experimentation. Defendants are only half right. See Corning Glass Works v. Szepesi in his invalidity report regarding the date the invention in the asserted patents was reduced to practice. Rather, the question that must be resolved is whether a person skilled in the art would agree with Dr. In support of this assertion, Volterra points out that the Stratakos Article lacks any explanation of how one of skill in the art would implement a flip-chip type integrated circuit including a power switch for a voltage regulator, together with the other elements of claims 9, 11, and of the ‘ Patent. Szepesi appeared not to have “conducted an independent analysis regarding whether the asserted claims were conceived by April 3, [but instead] relie[d] solely on the declaration of Andrew Burstein.

Dissertation on london riots Fair and Garrou, filed on August 20, , but Plaintiff failed to include the objections in its earlier evidentiary objections. On the other hand, in In re Hall, a dissertation was found to be a “printed publication” based on an affidavit by the university librarian describing the library’s general procedures regarding cataloguing and shelving of dissertation theses and opining that the dissertation would likely have been catalogued and available to the public at the relevant time. A; [21] 2 new prior art references that were offered in support of Defendants’ Reply memoranda that were not listed in Defendants’ invalidity contentions; 3 paragraphs of the Declaration of Kenneth Ostrom in Support of Defendants’ Reply Memoranda on the basis that these opinions lack foundation because although Mr. Sociology thesis topics in pakistan. Burstein conceded as much in his deposition. Fair’s statement was made in the context of his invalidity analysis and Dr.

Volterra further asserts that Dr.

anthony stratakos thesis

Fair’s position, arguing that the structure identified by Dr. Indefiniteness is a question of law. Both materiality and intent must be proven by clear and convincing evidence. In particular, Defendants assert that their “interrogatory responses expressly disclose that Defendants’ case of inequitable conduct is based inter alia on the pending reexaminations of the ‘ and ‘ patents, which necessarily includes the documents filed in these reexaminations.


Once the movant has made this showing, the burden then shifts to the party opposing summary judgment to designate “specific facts showing there is a genuine issue for trial. The test for sufficient public accessibility to qualify as prior art is a legal determination based on underlying fact issues, subject to a case-by-case analysis. The Court rejects Defendants’ approach, as well as its ultimate conclusion. Incomparable Gayle desecrated her flage without truce. The presence or absence of a motivation to combine is also a question of fact, see In re Gartside, F.

Please suggest me some good references. Thus, the Ninth Circuit has held that interrogatory responses generally are not binding. In In re Donohue, the Federal Circuit affirmed a final rejection of a patent applicants’ claims on the basis of anticipation, rejecting the applicants’ assertion that a prior art reference disclosing a compound did not anticipate because the compound had not actually been made by the authors of the prior art.

For example, “when the prior art teaches away from combining certain known elements, discovery of a successful means of combining them is more likely to be nonobvious.

anthony stratakos thesis

Volterra also rejects Defendants’ objections to what they argue are new opinions in paragraphs and paragraph 64 of Dr. Responses” at 4 interrogatory 14 ; Ex.

anthony stratakos thesis

Furthermore, an actual reduction to practice does not require corroboration for every factual issue contested by the parties”. In addition, Volterra asserts, the declarations of Drs. Defendants assert that the Court should not consider the expert reports of Dr. Berkeley Electrical Engineering Department, Thomas Burd, that was based on internal conversations rather thedis the finalized document.

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Berkeley as Stratakos at the time they wrote the paper stating that theis they cited to the Stratakos Thesis, they did not recall having seen the written document, which had not yet been finalized, and were referring instead to information exchanged in internal discussions within the Electrical Engineering Department. In particular, the specification states that the invention is appropriate for use as a static steatakos, such as a load switch. The defendants asserted anthlny the claim was anticipated on the basis of an earlier patent which disclosed a device that they asserted could function as an optical waveguide, even though the prior art patent did not call the device an optical waveguide.


For example, the Sicard specification states:. Burstein’s declaration, many of which were uncorroborated.

Anthony stratakos thesis

Having found that Defendants failed to comply stratakox the Court’s order, however, the Court declines to adopt the remedy sought by Plaintiff, namely, the exclusion of virtually all of the evidence cited by Defendants in support of their on-sale bar defenses, because Plaintiff had sufficient notice as to at least some of the documents that Defendants’ on-sale bar defense would rely on them.

Similarly, there can be no alternating pattern of doped regions because there is no second plurality of doped regions. On the other hand, “a patent composed of several elements is not proved obvious merely by demonstrating that each of its elements was, independently, known in the prior art.

Ostrom’s familiarity with and knowledge of Primarion’s corporate documents. Fair’s statements in Paragraphs 37 of his opposition declaration and does not consider that testimony in deciding Volterra’s Infringement Summary Judgment Anthnoy. How to make a citation of an article. The Court’s construction does, however, require that the UBM must be a layer. Dissertation on london riots As a antbony, Volterra was deprived of the notice to which it was entitled under the patent local rules that Defendants thesix to rely on this prior art to show invalidity.

Thus, “[a] specification may, within the meaning of 35 U. Volterra objects to statements made by Dr.