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Public Disclosure Patent Trial and Appeal Board Inter Partes Review (IPR) Proceeding

MoFo Life Sciences

Under Lock And Key – Private Sales May Not Qualify As Public Disclosure

MoFo Life Sciences on

Recently, the Federal Circuit affirmed a PTAB decision finding that a private sale of a product did not constitute a public disclosure by the inventor of the product. The Leahy-Smith America Invents Act provides exceptions...more

Jones Day

Private Sale Not Necessarily Public Disclosure Under Section 102(b)(2)(B)

Jones Day on

In Sanho Corp. v. Kaijet Technology International Limited, Inc, the Federal Circuit affirmed the PTAB’s decision finding obvious all challenged claims of the ‘429 patent, which relates to a device that provides ports for...more

Knobbe Martens

A Private Sale Is Not Sufficient for Public Disclosure Under 35 USC 102(b)(2)(B)

Knobbe Martens on

Before Dyk, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: An invention is not “publicly disclosed” under 35 USC 102(b)(2)(B) by the inventor’s private sale, even though a private sale may...more

Foley & Lardner LLP

PTAB Institutes Kyle Bass IPR Against Pharmaceutical Patent Based On SEC Document

Foley & Lardner LLP on

Kyle Bass has filed numerous prior IPR petitions against pharmaceutical patents, some of which have been denied due to use of prior art references that were not sufficiently proven to be “publicly accessible” (see “Clinical...more

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