In VidStream LLC v. Twitter Inc., Appeals 2019-1734, -1735, (Fed. Cir. November 25, 2020), the Federal Circuit affirmed a pair of PTAB inter partes review decisions that determined VidStream’s claims, directed to publishing content on social networking websites, are unpatentable as obvious over a five-way combination of references. Important, in this appeal, was the subsidiary conclusion that one of the references – Anselm Bradford & Paul Haine, HTML5 Mastery: Semantics, Standards, and Styling (hereinafter “Bradford”) – qualified as prior art. On appeal, VidStream did not challenge the PTAB’s determination of obviousness if Bradford qualified as a prior art reference.
Continue Reading Federal Circuit Concludes that Reference Qualifies As Prior Art Based on Reply Evidence
As an associate with the firm, Bill Samore focuses his practice on preparing and prosecuting U.S., foreign and international patents in numerous technical areas. His prosecution practice involves electrical, mechanical, software, artificial intelligence, telecommunications, blockchain technology, and other computer-related technologies. Bill is well-versed in the patent prosecution process including drafting and prosecuting patent applications. He has conducted numerous examination interviews at the United States Patent and Trademark Office. He has also worked with many inventors to protect their works. Read full bio here.