Transmuting § 102(e) Lead Into PTAB Gold

Law360, New York (April 28, 2014, 12:32 PM EDT) -- Having the right prior art can be the difference between a defendant facing a huge liability verdict in district court or invalidating the asserted patent in post-grant review. Finding that art doesn’t require alchemical wizardry, just knowledge of where to look and a willingness to dig a few layers below the surface.

The § 102(e) Problem

Covered business method review trumps inter partes review from a petitioner perspective, as long as there’s standing (petitioner has been threatened or sued, and the patent meets the covered business method review standard). Reasons are many:

Filing deadline: An IPR must be filed within one...

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