Analysis

PTAB Printed Publication Ruling Gives Petitioners More Work

Law360 (January 7, 2020, 8:17 PM EST) -- Anyone arguing to the Patent Trial and Appeal Board that a publication like a textbook renders a patent invalid will need to do more work to convince the board to accept that argument following a recent precedential decision, attorneys say.

The board's Precedential Opinion Panel ruled in late December that in order for a printed publication to be used to challenge a patent in inter partes review, the petitioner must present specific evidence to meet the legal requirement of proving that the document was available to the public.

The POP rejected arguments by the petitioner in the case that "conventional markers...

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