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Printed Publication Proof – Cross T’s And Dot I’s

Printed Publication Proof – Cross T’s And Dot I’s

by Matthew Johnson | Dec 10, 2021 | Prior Art Issues

By David Linden* and Matt Johnson – On November 30, the PTAB entered its final written decision in Unified Patents, LLC v. 2BCom, LLC on the patentability of the claims of U.S. Patent No. 7,127,210 (the ‘210 patent).  The claims in question were directed to a...
CAFC: Nearly Identical Reference is Prior Art

CAFC: Nearly Identical Reference is Prior Art

by Albert Liou | Sep 17, 2021 | Federal Circuit, Federal Circuit Appeal, Prior Art Issues

By Albert Liou – In the recent precedential Federal Circuit decision Valve Corporation v. Ironburg Inventions Ltd., No. 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed. Cir. August 17, 2021), the Federal Circuit ruled on an issue that is not often...
Printed Publications: Simply Existing Isn’t Enough

Printed Publications: Simply Existing Isn’t Enough

by Matthew Johnson | Aug 7, 2021 | Petitions, Prior Art Issues

By: Nick Bagnolo and Matt Johnson – When filing an IPR, petitioners should be careful not to take for granted one of the most fundamental aspects of challenging validity in this forum: Whether or not the relied upon references qualify as prior art.  Pursuant to...
Patent Need Not Be Valid To Be 102(e)(pre-AIA) Prior Art

Patent Need Not Be Valid To Be 102(e)(pre-AIA) Prior Art

by Matthew Johnson | Jul 14, 2021 | Prior Art Issues

By Sue Gerber and Matt Johnson – This blog has previously discussed the Federal Circuit’s decision in Becton, Dickinson and Co. v. Baxter Corp. Englewood, — F.3d —, No. 2020-1937, 2021 WL 2176796 (Fed. Cir. May 28, 2021).  See Telepharma Disconnect: ...
From Respiratory Care to Power Plants: The PTAB on Analogous Art

From Respiratory Care to Power Plants: The PTAB on Analogous Art

by Albert Liou | Apr 12, 2021 | Prior Art Issues

By Albert Liou and Jen Bachorik – We recently wrote about the Federal Circuit’s 2020 decision in Donner Technology, LLC. v. Pro Stage Gear, LLC, where the Federal Circuit vacated the PTAB’s denial of an obviousness challenge due to its finding that the prior art...
Book As A Printed Publication? Read Carefully.

Book As A Printed Publication? Read Carefully.

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...
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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.