News & Analysis as of

Effective Filing Date Patents United States Patent and Trademark Office

Foley & Lardner LLP

Wertheim, Dynamic Drinkware and the AIA

Foley & Lardner LLP on

In Dynamic Drinkware, LLC v. National Graphics, Inc., the Federal Circuit held that in order for a patent to qualify as prior art as of its provisional application filing date, the provisional application must support the...more

McDermott Will & Emery

Federal Circuit: Prior Disclosure Is Not Necessarily Prior Art - Dynamic Drinkware v. National Graphics

McDermott Will & Emery on

The U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board (PTAB or Board), finding that an IPR petitioner failed to meet its burden of proving that a cited prior art U.S. patent reference...more

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