On July 27, 2018, the Federal Circuit issued an opinion vacating the GoPro, Inc. decision discussed in the post below.
On June 11, 2018, the Federal Circuit issued a decision vacating and remanding the Medtronic decision discussed in the post below.
An updated discussion of the Medtronic decision is available here:
PTAB Failed to Properly Apply Test for Printed Publication
Two recent PTAB decisions highlight important developments in qualifying a publication as a reference, available as prior art. In one case, the PTAB concluded that a printed catalog did not qualify as a printed publication prior art because it was distributed only at a private tradeshow to persons not necessarily skilled in the art. In the other case, the PTAB concluded that a video and associated slide presentation did not qualify as printed publications because these materials were distributed only to experts at a private, invitation-only conference. These decisions interpret precedents from the Federal Circuit and offer simple examples of what type of publications may not qualify as prior art.
Continue Reading Prior Art Made Available at Members Only Gatherings May Not Satisfy “Publically Accessible” Requirement
On May 20, 2016, the 
This Blog previously highlighted the risks involved when a petitioner does not submit an expert declaration with their 
In 
Remember when the PTAB 
Update: Overruled in part by Aqua Products, Inc. v. Matal. In a subsequent 
An expanded, split panel of the PTAB recently decided that it may be appropriate to join the same party’s serially-filed IPR petitions into a single proceeding, even when one such petition would otherwise be time-barred but for the joinder.