Comaper Corp. v. Antec, Inc.’s Empirical Analysis

Citation profile

7 federal appellate · 3 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Determining obviousness requires considering whether two or more pieces of prior art could be combined, or a single piece of prior art could be modified, to produce the claimed invention. This analysis typically invokes the familiar teaching-suggestion-motivation (“TSM”) test, asking whether a person having ordinary skill in the art would have found some teaching, suggestion, or motivation to combine or modify the prior art references. Pfizer, Inc. v. Apotex, Inc., 480 F.3d 1348, 1362 (Fed.Cir.2007); see also Ortho-McNeil Pharm., Inc. v. Mylan Labs., Inc., 520 F.3d 1358, 1364-65 (Fed.Cir.2008) (noting that the TSM test, flexibly applied, remains an important tool in an obviousness analysis). The Supreme Court in KSR International Co. v. Teleflex, Inc. emphasized that “[cjommon sense teaches ... that familiar items may have obvious uses beyond their primary purposes, and in many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle.” 550 U.S. 398, 420 , 127 S.Ct. 1727 , 167 L.Ed.2d 705 (2007). Thus, [w]hen there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvi”

   1 later decision quote this exact passage · from the majority
   e.g. Meyer Intellectual Properties Ltd. v. Bodum, Inc.

2. “Claim 1 of the patent describes: A cooling device for a computer, said computer having a drive bay region with at least one drive bay slot adapted to receive, said device comprising: a case configured to mount within said drive bay slot of said computer such that said ease occupies substantially the entire drive bay slot said case having a least a first opening and at least a second opening, when mounted with said drive bay, said first opening being within said drive bay region of said computer; at least one air movement device mounted within said case, said air movement device being configured in one of two ways, a first way in which said air movement device draws cooling air through said first opening and exhausts substantially all of said cooling air from said case through said second opening into said drive bay region, a second way in which said air movement device draws air into said case through said second opening from and drive bay region and exhausts it through said first opening; and power supply means for supplying power to said air movement device. '955 patent col.5; 1. 34-56. Claim 12 states: In a computer having a drive bay region with at least one drive bay slot adapted to receive a drive, an improvement comprising: a case mounted within said drive bay slot of said computer such that said case occupies substantially the entire drive bay slot, said ease hav[ing] at least a first opening and at least a second opening, said first opening being exposed to ambient a”

   1 later decision quote this exact passage · from the majority
   e.g. 867 F. Supp. 2d 663 - Comaper Corp. v. Antec, Inc.

3. “a case mounted within said drive bay slot of said computer such that said case occupies substantially the entire drive bay slot, said case have [sic] at least a first opening and at least a second opening, said first opening being exposed to ambient air and said second opening being within said drive bay region of said computer; at least one air movement device mounted within said case, said air movement device being configured in one of two ways, a first way in which said air movement device draws cooling air from said first opening and exhausts substantially all of said cooling air th[r]ough said case th[r]ough said second opening into said drive bay region, a second way in which said air movement device draws air into said case through said second opening from said drive bay region and exhausts it through said first opening; and power supply means for supplying power to said air movement device.”

   1 later decision quote this exact passage · from the majority
   e.g. Comaper Corporation v. Antec, Inc.