Book As A Printed Publication? Read Carefully.
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...
Like Dominoes: CBM Determination Held Not Appealable
By Albert Liou and Alison Ibendahl - A November 17, 2020 decision by the Federal Circuit has extended the Supreme Court’s April 2020 decision in Thryv, Inc. v. Click-to-Call Technologies, LP, 140 S. Ct. 1367 (2020), which held that institution decisions involving the...
BREAKING: PTAB Publishes Final Rule Package
By Matt Johnson - On December 8th, the PTAB published a Final Rule, formalizing a number of PTAB practices dictated by case law and described in the current Trial Practice Guide. The one substantive change of note is the removal to deference to the Petitioner's...
PTAB Designates RPI, Follow-On Petition Cases Precedential
On December 4th, the PTAB designated the following three cases precedential: RPX Corp. v. Applications in Internet Time, LLC, IPR2015-01750, Paper 128 (Oct. 2, 2020) (precedential) This decision on remand from the Federal Circuit holds that the petitioner was...
Listserv Working Group Reference Not A Printed Publication
By Ana Teixeira* and Matt Johnson - “Printed publication” under 35 U.S.C. § 102(b) is typically construed to encompass any type of document, as long as the document is “publicly accessible.” See, e.g., Medtronic, Inc. v. Barry, 891 F.3d 1368 (Fed. Cir. 2018). In...