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Printed Publications

Jones Day

PTAB Deems Rule Set File A Printed Publication

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The Patent Trial and Appeal Board (PTAB) in an inter partes review: Keysight Technologies, Inc. and Palo Alto Networks, Inc. v. Centripetal Networks, LLC found a rule set file used by a network security program to be a...more

Jones Day

Petitioners Beware: Screenshots Showing Product May Not Qualify as Printed Publication

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In a recent decision, the PTAB determined that images of products offered for sale via online retailers, such as Amazon, did not alone qualify as printed publications—even if the images showed the product and the date it was...more

International Lawyers Network

Can a Slide Show Be Considered a Printed Publication to Prevent Patentability?

Suppose you have an invention and disclose it in a slide show to an audience attending a conference. Can this slide show be considered a printed publication to prevent the invention from being novel and patented? Are there...more

Venable LLP

Key Copyright Issues for Independent Schools

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Through our work with independent schools, we have seen numerous schools grapple with a variety of copyright issues including disputes over ownership of work created by teachers, unauthorized use of music or videos, and the...more

Jones Day

Availability of Document on Government Website Insufficient for Institution

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In denying inter partes review in OBM, Inc. & Cholla Energy LLC v. Lancium LLC, the PTAB again made clear that “technical availability” of a reference is not enough to establish it is a printed publication. Here, the PTAB...more

Jones Day

Federal Circuit Slices PTAB’s Printed Publication Finding

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Recently, the Court of Appeals for the Federal Circuit reversed one and vacated another Patent Trial and Appeal Board (“PTAB”) final written decision in which the PTAB determined that Weber Inc. (“Weber”) failed to...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Concluded that Operating Manuals Subject to Confidentiality Restrictions are Prior Art Printed Publication

In Weber, Inc. v. Provisur Techs., Inc., Nos. 2022-1751, 2022-1813 (Fed. Cir. Feb. 8, 2024), the Federal Circuit reversed the Patent Trial and Appeal Board’s legal conclusion that Weber’s operating manuals were not prior art...more

McDermott Will & Emery

Sliced and Diced: Operating Manuals Are Printed Publications

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The US Court of Appeals for the Federal Circuit reversed the Patent Trial & Appeal Board’s non-obviousness determination, finding that the Board erred in determining that an operating manual did not qualify as printed...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Holds Operating Manuals Disclosed with Confidentiality Restrictions to be Prior Art

On February 8, in Weber, Inc. v. Provisur Technologies, Inc., the Federal Circuit reversed the Patent Trial and Appeal Board (PTAB) and held that Weber’s operating manuals are prior art printed publications despite their...more

Axinn, Veltrop & Harkrider LLP

Ground Beef: What Does “Reasonably Could Have Raised” Mean in PGR Estoppel?

On February 9, the fiery battle between grill manufacturers Traeger Pellet Grills LLC and GMG Products LLC heads to the Federal Circuit for oral argument. Appealing from a Section 337 determination, GMG has beef with the...more

Jones Day

Undated Screenshot Insufficient to Prove Public Accessibility of GitHub Repository

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In AO Kaspersky Lab v. Open Text Inc., the PTAB denied inter partes review after determining that a screenshot of a GitHub repository was insufficient to establish that a whitepaper posted to that repository qualified as a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Developments in IPR Estoppel - December 5th, 1:00 pm - 2:00 pm EST

Director Jason A. Fitzsimmons and Counsel Richard A. Crudo will present the “Developments in IPR Estoppel” webinar on Tuesday, December 5, 2023, at 1:00 PM ET. The possibility of being estopped from asserting prior art in...more

Cozen O'Connor

Amendments to the Québec Charter of French Language – What Brand Owners Need to Know

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On May 13, 2021, the Québec government introduced Bill 96, An Act respecting French, the official and common language of Québec (the Bill), proposing significant amendments to Québec’s Charter of the French Language (the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Don’t Take the Wind Out of Your Sales

You can be denied a U.S. patent if the application you submit to the U.S. Patent and Trademark Office (USPTO) is not “new” and “non-obvious.” In determining whether something is “new” and “non-obvious,” U.S. patent examiners...more

Orrick, Herrington & Sutcliffe LLP

Agencies propose Call Report revisions

On February 22, the FDIC, Federal Reserve Board, and the OCC announced the publication of a joint notice and request for comment proposing changes to three versions of the Call Report (FFIEC 031, FFIEC 041, and FFIEC 051)...more

Akin Gump Strauss Hauer & Feld LLP

PTAB: Statements About Device Not Disclosed in a Video Are Not Prior Art; Concurrence: Video Itself—If Publicly Available—Is Prior...

The Patent Trial and Appeal Board denied a petition to institute inter partes review, finding there was no reasonable likelihood that petitioners would prevail on their obviousness challenges. In rendering its decision, the...more

Akin Gump Strauss Hauer & Feld LLP

District of Delaware: IPR Estoppel Does Not Apply to Prior-Art Products

A judge in the District of Delaware has ruled that an estoppel under 35 U.S.C. § 315(e)(2) does not apply to prior-art products, even if those products are “cumulative” of prior-art patents or printed publications that were...more

Foley & Lardner LLP

What is a “Printed Publication?”: Considerations of Factors Surrounding Distribution of Operating Manual

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Weber, Inc. v. Provisur Technologies, Inc. (IPR-2020-01556) - Earlier this year, the Patent Trial and Appeal Board (PTAB) held in Weber v. Provisur Technologies, Inc. that operating manuals under lock and key did not...more

Akin Gump Strauss Hauer & Feld LLP

System Prior Art Allowed at Trial Despite Arguments that Related Printed Publications Could Have Been Asserted in Parallel IPR...

In a recent order, the Eastern District of Texas declined to preclude a defendant from raising prior art system references despite patentee’s argument that similar printed publications could have been raised in earlier inter...more

Jones Day

Confidential Manual Deemed Not A Printed Publication

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In a recent decision, the Patent Trial and Appeals Board found that no claims challenged were unpatentable, after finding manuals relied upon as prior art did not qualify as “printed publications” under 35 U.S.C. §...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends: IPR Estoppels: A Power Imbalance for Plaintiffs and Defendants

Inter partes review (IPR) proceedings raise complex estoppel issues that courts are grappling with and patent litigants must consider. Because patent challengers can assert invalidity in three different tribunals (the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more

Fitch, Even, Tabin & Flannery LLP

Recent Federal Circuit Decisions Find Many Internet Documents Are “Printed Publications”

The Federal Circuit has recently provided substantial guidance on whether printed publications include documents publicly available via the internet. This article reviews four such cases that illustrate the expansive view...more

Jones Day

CAFC Holds Applicant Admitted Prior Art Cannot be the Basis of an IPR Ground

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Section 311(b) limits inter partes review to “ground[s] that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications.” 35 U.S.C. § 311(b) (emphasis added). An...more

McDermott Will & Emery

IPR Petition Cannot Be Based on Applicant Admitted Prior Art

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Addressing the type of prior art that may form the basis of an inter partes review (IPR) proceeding, the US Court of Appeals for the Federal Circuit vacated an unpatentability finding based on “applicant admitted prior art”...more

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