Category Archives: Prior Art

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PTAB Again Finds that a Prior Reference Fails to Qualify as Prior Art

After some exhaustive internet searching, you just found the perfect prior art reference for your case. It’s an article with a vintage prior to your critical date, and, more importantly, it appears to anticipate or render obvious every claim of the patent asserted against you. Time to file your IPR, right? Not so fast. With … Continue Reading

Trying to show obviousness? Provide good, articulated reasoning—and prove that the combination will actually work.

Obviousness can be an unpredictable ground for challenging the validity of a patent. Superficially, obviousness may appear to be somewhat subjective, but it must be based on objective facts that prove that the combined references really can operate together. The courts and PTAB continue to refine the obviousness standard, clarifying how to fall under an … Continue Reading