INFORMATIVE: Conference Paper Public Accessibility – Insufficient Proof
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 review of...
Court Allows Accused Infringer’s Have-Cake, Eat-Cake Patent Invalidity Strategy
By John Marlott - While acknowledging an “apparent loophole” in the America Invents Act, a district court has permitted an accused-infringer-DJ-plaintiff to pursue counterclaims for patent invalidity—with no bar on later seeking an IPR at the PTAB. Epic Games, Inc. v....
PRECEDENTIAL: IPRs and Examination have Different Standards for Establishing a Printed Publication
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...
Informative: How To Sufficiently Show that a Thesis is Publicly Accessible
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 review...
Precedential: Declining To Use Discretion Under § 325(d) And § 314(a)
By Robby Breetz and Matt Johnson - As we noted here, the PTAB recently designated two 35 U.S.C. § 325(d) cases precedential and one informative. Here is an in depth review of the informative decision. On March 24, 2020,the PTAB designated two sections of the Oticon...