Category Archives: Federal Circuit

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Hyperlink as Printed Publication? Take a Ride on the Way-Back Machine

A PTAB panel recently provided further guidance to the “printed publication” requirement for IPR. The types of information that can serve as bases for a validity challenge in an IPR are limited to “patents and printed publications.” Not surprisingly, petitioners have sought to expand the kinds of materials that can serve as “printed publications.” Examples … Continue Reading

Covered Business Method Patent Reviews – Is Your Patent Susceptible to Review?

Recent decisions by the Patent Trial and Appeal Board (PTAB) and the Federal Circuit have left patent owners with some uncertainty as to whether their patents could be subject to review and invalidation under the America Invents Act’s Covered Business Method (CBM) review process. The AIA created CBM review to provide an opportunity for petitioners … Continue Reading

Proving Public Accessibility of Printed Publications at the PTAB

Recent PTAB decisions have shown that a number of hurdles need to be cleared to successfully rely on printed publications as prior art in IPR, CBM, or PGR challenges. These challenges include proving that the reference was publicly accessible, that the copy relied on is authentic, and the publication date. This post focuses on public … Continue Reading