by David Cochran | Nov 3, 2016 | Prior Art Issues
By Dave Cochran In a final written decision in Duodecad IT Services Luxembourg S.A.R.L, et al. v. WAG Acquisition, LLC (IPR2015-01036, paper 17), the PTAB took up the question of whether a patent’s file history qualifies as a “printed publication”...
by Jones Day's PTAB Team | Dec 30, 2015 | Prior Art Issues
Summary — Two Key Lessons: (1) The petitioner bears the initial burden of production to show that a challenged patent is not entitled to its earliest effective filing date. (2) Under Dynamic Drinkware, the petitioner must show that the claims of a published...