PTAB Printed Publication Ruling Gives Petitioners More Work

By Ryan Davis (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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents

Related Sections

PTAB Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Date Filed

Subscribers Only

Law Firms


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!