by Matthew Johnson | Dec 16, 2020 | Prior Art Issues
By Sachin Patel* and Matt Johnson – Be careful not to confuse reprints with new editions when considering books as printed publications under 35 U.S.C. 102(b). In VidStream LLC v. Twitter, Inc., No. 2019-1734, 2020 WL 6937852 (Nov. 25, 2020), the Federal Circuit...
by Matthew Johnson | Dec 3, 2020 | Prior Art Issues
By Ana Teixeira* and Matt Johnson – “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)....
by Matthew Johnson | Nov 11, 2020 | Prior Art Issues
By Matt Johnson – One of the steps in a proper obviousness analysis is to ascertain the scope and content of the prior art and the differences between the prior art and the claims at issue. Graham v. John Deere Co. of Kan. City, 383 U.S. 1, 17 (1966). The...
by Carl Kukkonen | Nov 6, 2020 | Prior Art Issues
By Carl Kukkonen – On August 18, 2020, the USPTO issued guidance regarding the reliance on Applicant Admitted prior art (AAPA). Under 35 U.S.C. § 311(b), IPRs may be instituted only “on the basis of prior art consisting of patents or printed...
by John Evans, Ph.D. | Sep 22, 2020 | Prior Art Issues
By Nate Andrews and John Evans – Deciding who invented patents can be “one of muddiest concepts in the muddy metaphysics of the patent law.” Mueller Brass Co. v. Reading Industries, Inc., 352 F. Supp. 1357, 1372 (E.D. Pa. 1972). But identifying who contributed...
by Matthew Johnson | Apr 17, 2020 | Prior Art Issues, PTAB News
By Alex Li and Matt Johnson – 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...
