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Publicly Accessible Data Inter Partes Review (IPR) Proceeding

Haug Partners LLP

Federal Circuit Affirms Reference Documents Relied on in Samsung’s Petition Are Publicly Accessible

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On February 1, 2021, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“the Board”) invalidation of a video compression patent challenged by Samsung Electronics Co. (“Samsung”). The Court examined two issues:...more

Jones Day

Listserv Working Group Reference Not A Printed Publication

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“Printed publication” under 35 U.S.C. § 102(b) is typically construed to encompass any type of document, as long as the document is “publicly accessible.” See, e.g., Medtronic, Inc. v. Barry, 891 F.3d 1368 (Fed. Cir. 2018)....more

Jones Day

Informative: How To Sufficiently Show that a Thesis is Publicly Accessible

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As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for proving up a reference as printed publication prior art. Here is an in depth...more

Knobbe Martens

Federal Circuit Review - November 2019

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The Appointments Clause: Ensuring That PTAB Decisions Are Subject to Constitutional Checks and Balances  In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 18-2251, the Federal Circuit ruled that, under the then-existing...more

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