News & Analysis as of

Priority Date Cutoff Patent Trial and Appeal Board

Rothwell, Figg, Ernst & Manbeck, P.C.

Two Key Takeaways from VidStream LLC v. Twitter

In 2017, Twitter, Inc. (“Twitter”) filed two petitions requesting inter parties review (“IPR”) of U.S. Patent No. 9,083,997 (“the ’997 patent”), with the first petition directed to claims 1-19 and the second petition directed...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2020 #5

VidStream LLC v. Twitter, Inc., Appeal No. 2019-1734, -1735 (Fed. Cir. Nov. 25, 2020) - In the Federal Circuit’s only precedential case last week, the Court addressed the extent to which a book published before the...more

Jones Day

Prior Art Chemical Structures Must Be More Than A “Code Name”

Jones Day on

The PTAB recently rejected a request for rehearing by Bayer CropScience LP (“Bayer”). Bayer Cropscience LP, v. Syngenta Limited, IPR2017-01332, Paper 15 (P.T.A.B. Apr. 2, 2018). The PTAB stated that when the prior art does...more

McDermott Will & Emery

In the Wake of Dynamic Drinkware, PTAB Rejects Prior Art Due to Petitioner’s Failure to Establish Earlier Priority Dates (VMware,...

Addressing the burden-shifting requirements for establishing priority of prior art references, the Patent Trial and Appeal Board (PTAB or Board) recently issued two decisions finding that the petitioners failed to meet their...more

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