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POP Hits a Softball

By Sandip H. Patel on Posted in Inter Partes Review, IPR, Printed Publication
On Winter’s eve, the Board’s Precedential Opinion Panel (POP) finally answered a question it posed in an April order: “What is required for a petitioner to establish that an asserted reference qualifies as [a] ‘printed publication’ at the institution stage?” As we earlier noted, the April order granted an aggrieved petitioner’s request for rehearing of … Continue Reading

Trade Show Publication Dooms Patent in IPR Appeal Despite Contrary Decision in ITC Appeal

By Heather R. Kissling on Posted in Inter Partes Review, Printed Publication, Sections 102/103
Inter partes review not only provides a faster and cheaper way to challenge patent validity, but also expands the Patent Office’s ability to develop law on esoteric issues relating to prior art. The Federal Circuit’s decision Nobel Biocare Services AG v. Instradent USA, Inc. is another in a line of cases arising out of IPR … Continue Reading

Tradeshow Catalog Qualifies as Prior Art

By Eric M. Brusca, Ph.D. on Posted in Inter Partes Review, Printed Publication, Sections 102/103
Update: On November 1, 2018, the CAFC issued a modified opinion and an order denying Contour’s petition for rehearing en banc.  The modified opinion is consistent with the original petition, discussed below, insofar as the PTAB decision was vacated and remanded, but adds the following statement at page 8: “When direct availability to an ordinarily … Continue Reading

It Isn’t Printed Publication Art Unless It’s Publicly Accessible

By William K. Merkel, Ph.D. on Posted in Inter Partes Review, Printed Publication
In IPR2015-01191, American MegaTrends and four other petitioners challenged claims 1-9, 11, 12 and 15 of USPN 6,892,304 owned by Kinglite Holdings, Inc. on grounds of obviousness over three technical documents, supplemented by a fourth document for the challenge to claim 6.  The parties also indicated that they were involved in 11 other IPR petitions … Continue Reading
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