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Proof of Prior Art Requires Sufficient Corroboration By Credible Evidence

Proof of Prior Art Requires Sufficient Corroboration By Credible Evidence

by Matthew Johnson | Feb 3, 2023 | Evidentiary Issues, Federal Circuit Appeal, Prior Art Issues, PTAB News

By Sue Gerber and Matt Johnson – Proof of prior art is an issue that often arises in inter partes and post grant review proceedings before the PTAB.  In a recent decision, the Federal Circuit explained the quantum of proof that is required to establish prior...
Door Closed On Petitioner Who Failed To Prove Analogous Art

Door Closed On Petitioner Who Failed To Prove Analogous Art

by Matthew Johnson | Nov 16, 2022 | Prior Art Issues, Trial Institution

By Matt Modderman,* Robby Breetz, and Matt Johnson – A PTAB panel recently denied IPR institution where one of the asserted prior art references was non-analogous and thus the POSITA would not have made the proposed § 103 combination.  The Chamberlain Group, LLC v....
Error Apparent?  Federal Circuit Tackles Obvious Errors in Prior Art

Error Apparent? Federal Circuit Tackles Obvious Errors in Prior Art

by Matthew Johnson | Sep 22, 2022 | Prior Art Issues, PTAB News

By Sean Benevento, Mike Lavine, and Matt Johnson – In LG Electronics v. Immervision, the Federal Circuit clarified the standard for evaluating whether a prior art reference includes an obvious typographical error.  See 39 F.4th 1364, 1365 (Fed. Cir. 2022). Under...
Domestic Patent Reference Entitled to Foreign Priority Date

Domestic Patent Reference Entitled to Foreign Priority Date

by Matthew Johnson | Jul 21, 2022 | Prior Art Issues, PTAB News

By Eric Jjemba,* Evan Jones, and Matt Johnson – On June 1, 2022, the Patent Trial and Appeal Board issued a Final Written Decision finding unpatentable three claims of AutoStore Technology AS’s (“AutoStore’s”) U.S. Patent No. 10,294,025 (“the ’025 patent”),...
Confidential Manual Deemed Not A Printed Publication

Confidential Manual Deemed Not A Printed Publication

by Joseph Beauchamp | May 11, 2022 | Final Written Decisions, Prior Art Issues

By Alison Ibendahl and Joe Beauchamp – In a recent decision, the Patent Trial and Appeals Board found that no claims challenged were unpatentable, after finding manuals relied upon as prior art did not qualify as “printed publications” under 35 U.S.C. § 311(b). ...
Reexam References Count In Section 325(d) Analysis

Reexam References Count In Section 325(d) Analysis

by Matthew Johnson | May 2, 2022 | 325(d) issues, Prior Art Issues, PTAB News

By Haytham Soliman and Matt Johnson – The Board denied post grant review in Palo Alto Networks, Inc. v. Centripetal Networks, Inc. under 35 U.S.C. § 325(d) after applying the Advanced Bionics[1] framework as informed by the factors outlined in Becton.[2] ...
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The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.