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...
by Carl Kukkonen | Apr 14, 2020 | Prior Art Issues, PTAB News
By Carl Kukkonen – 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 review of the...
by Jones Day's PTAB Team | Apr 13, 2020 | Prior Art Issues, PTAB News
By Kelsey Nix and Pablo Hendler – 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...
by Matthew Johnson | Apr 10, 2020 | Prior Art Issues
The PTAB recently designated a number of cases regarding procedures for determining whether a prior art reference is a “printed publication.” One opinion regarding the difference in burdens of proving “printed publication” status between...