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PTAB Determines that a Patent’s File History is a Printed Publication

PTAB Determines that a Patent’s File History is a Printed Publication

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”...

Dynamic Drinkware Dooms Another Petitioner’s Prior Art

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...
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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.