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Patents Evidentiary Standards Printed Publications

Jones Day

PTAB Reiterates Strict Evidentiary Standard for Printed Publications

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The PTAB denied institution of inter partes review (IPR) for a patent directed to geothermal technology. Fervo Energy Co. v. Ormat Techs. Inc., IPR2014-00665, Paper 18 (PTAB Sept. 18, 2024). The claimed invention related to...more

Jones Day

Undated Screenshot Insufficient to Prove Public Accessibility of GitHub Repository

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In AO Kaspersky Lab v. Open Text Inc., the PTAB denied inter partes review after determining that a screenshot of a GitHub repository was insufficient to establish that a whitepaper posted to that repository qualified as a...more

Troutman Pepper Locke

Printed Publications in Post-Grant Reviews

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GRÜNENTHAL GMBH v. ANTECIP BIOVENTURES II LLC, PGR2019-00026, -00027, 00028 (PTAB, July 28, 2020) - The PTAB issued decisions in a trio of post-grant reviews. One of the defenses put forward by the Patent Owner was that...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - April 2020

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2019 PTAB Year in Review: Analysis & Trends: The PTAB’s Evolving Evidentiary Standards: Printed Publications at the Institution...

The PTAB’s evolving evidentiary standards often perplex petitioners and patent owners.  Historically, significant party effort has gone into attempting to establish that non-patent literature, such as articles, textbooks,...more

Foley & Lardner LLP

Challenging IPR Institutions Following Federal Court Decision in In re: Power Integrations Inc.

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Practitioners should be aware that challenging the PTAB’s decision to deny institution of an IPR got even harder after a recent Federal Circuit decision. While the Supreme Court has already made clear that challenges to...more

Jones Day

Practical Tips from the Judges’ Panel at the PTAB Judicial Conference

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On July 26, 2018, the Silicon Valley Regional Office of the United States Patent and Trademark Office (“USPTO”) hosted a Judicial Conference by the Patent Trial and Appeal Board (“PTAB”). During the conference, a panel of...more

Snell & Wilmer

Federal Circuit Holds GoPro’s Catalog Qualifies as a Printed Publication

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Earlier today, the Federal Circuit released a decision concerning what constitutes a printed publication in GoPro Inc. v. Contour IP Holding LLC. The court reversed the Patent Trial and Appeal Board (“PTAB”) and held that...more

Jones Day

No Showing that Conference Poster Constituted a Printed Publication

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With the universe of prior art available for IPRs being limited to patents and printed publications (35 U.S.C. § 311(b)), questions regarding the applicability of printed material that might be considered less mainstream...more

Jones Day

When is a Conference Paper Publicly Accessible: Lessons Learned

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In Power Integrations, Inc. v. Semiconductor Components Industries, LLC, the PTAB provided new guidance to practitioners regarding the eligibility of conference papers as printed publications for use as prior art references...more

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