Analysis

Fed. Circ. Pushes Flexible Approach On 'Printed Publications'

By Matthew Bultman (August 21, 2018, 8:49 PM EDT) -- The Federal Circuit has in recent decisions emphasized the need for the Patent Trial and Appeal Board to use a flexible approach when deciding whether materials distributed at conferences and other meetings are publicly available "printed publications" that can be used to challenge patents, increasing the odds that patent owners will have to contend with these types of materials in review.

Companies challenging a patent in inter partes review at the PTAB typically argue that the claimed invention is anticipated or obvious based on earlier patents, but they can also argue it was previously described in a printed publication.

On various occasions...

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