PTAB Axes Antecip IP, Rejects Its Printed Publication Stance
Law360 (July 30, 2020, 5:44 PM EDT) -- The Patent Trial and Appeal Board has invalidated three Antecip Bioventures pain treatment patents, shooting down its argument that German rival Grunenthal GmbH didn't do enough at the institution stage to prove that five printed publications qualify as prior art.
Antecip had argued that the board shouldn't take at face value that articles published in reputable scientific journals were publicly accessible to skilled artisans, a requirement to qualify as prior art, but a series of three decisions issued Tuesday said the evidence shows the articles were publicly disseminated before the challenged patents issued and so nothing more is required.
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