Michael Greene

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To Prove a Printed Publication, Petitioners Should Connect All the Dots

Posted by Michael Greene on Apr 11, 2019

Michael Greene

You found a great prior art reference for your IPR petition. But if that reference isn’t a patent or patent application, you’ll need to think carefully about how to prove that the reference was actually published and available to the interested public. As the PTAB has reminded litigants time and time again, failing to connect all the dots from the author’s creation of the reference all the way to its availability to the interested public might doom the petition.

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Topics: Printed Publications

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.