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Part I of this article discussed how the Patent Trial and Appeal Board (PTAB) is a very different tribunal from district courts.. Part II will discuss strategies that give patent owners a better chance at successfully navigating the IPR process. ....
In a precedential opinion, M&K Holdings, Inc. v. Samsung Electronics, Inc. (Fed. Cir. Feb. 1, 2021), the Federal Circuit further clarified the scope of prior art printed publications under 35 U.S.C. § 102. The Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision that the prior art at issue in an inter partes review proceeding, which had been generated as part of a joint task force for establishing industry standards, qualified as a printed publication. In addition, the Federal Circuit addressed the issue of notice under the Administrative Procedure Act (APA). The Federal Circuit vacated the PTAB’s finding of anticipation with respect to one of the claims at issue, holding that because the underlying petition for ....
Advertisement If You Seek or Browse and Can Find, It’s Publicly Available, but Anticipation Isn’t Obvious and Requires Notice Thursday, February 11, 2021 The US Court of Appeals for the Federal Circuit found that facilitating browsing of documents on a website was sufficient to support public accessibility of prior art references, but that the Patent Trial and Appeal Board cannot sua sponte invalidate a claim as anticipated under § 102 unless that specific statutory ground had previously been noticed. M & K Holdings, Inc. v. Samsung Electronics Co., Ltd., Case No. 20-1160 (Fed. Cir. Feb. 1, 2021) (Bryson, J.) In response to M & K Holdings’ suit for patent infringement, Samsung filed an ....
To embed, copy and paste the code into your website or blog: 286-1. Federal Circuit Upholds PTAB s Printed Publication Prior Art Analysis but Vacates Claim Invalidation Based on Unasserted Anticipation Theory The United States Court of Appeals for the Federal Circuit recently affirmed in part and vacated in part M&K Holdings appeal of an inter partes review decision by the Patent Trial and Appeal Board in which the Board held all claims of their patent unpatentable. The Federal Circuit agreed with the Board s prior art analysis regarding printed publications but vacated an invalidity finding based on an unasserted anticipation theory. ....