Printed Publication as Prior Art: PTAB Guidance, Practical Considerations for Patent Holders and Patent Challengers
Recording of a 90-minute premium CLE video webinar with Q&A
The CLE course will provide an in-depth discussion for counsel on the history and current state of the law when a non-patent prior art reference qualifies as a "printed publication" for purposes of an invalidity challenge. The panel will discuss recent Federal Circuit, district court, and PTAB decisions and the emerging guidance for assessing whether a reference is sufficiently "publicly accessible" to be considered a "printed publication" under 35 U.S.C. Section 102. The panel will also review strategic approaches for demonstrating or disputing that a reference qualifies as printed publication prior art.
- Public accessibility standard
- Meeting the standard
- Klopfenstein factors
- Recent PTAB and federal court decisions
- Printed publication issues
- Documents stored in public/private libraries
- Conference proceedings
- Oral and slide presentations
- Websites, online texts, or documents
- Patent file histories
- Copyright notice
- Video recordings/web video clips
- Guidance for demonstrating (or arguing against) printed publication prior art
The panel will review these and other priority issues:
- How is the court evaluating public accessibility standards and evidence? How are these decisions influencing federal courts and the PTAB?
- What lessons can patent counsel draw from recent decisions when assessing print publications as prior art?
- What role do "confidentiality expectations" or restrictions on dissemination play in the public accessibility analysis?
Brandon M. White
Mr. White’s practice focuses on pharmaceutical patent and regulatory litigation under the Hatch-Waxman Act and... | Read More
Mr. White’s practice focuses on pharmaceutical patent and regulatory litigation under the Hatch-Waxman Act and U.S. Patent and Trademark Office post-grant proceedings. He represents some of the largest generic pharmaceutical companies in complex and legally significant pharmaceutical patent cases. In addition to his U.S. practice, Mr. White is experienced across the globe, helping his clients litigate cases in foreign tribunals around the world. He has extensive experience in the European and Indian Patent Offices, and he has helped his clients with trials throughout Europe, Canada and India.Close
Emily J. Greb
Ms. Greb focuses her practice on patent infringement litigation and post-grant review proceedings in front of the... | Read More
Ms. Greb focuses her practice on patent infringement litigation and post-grant review proceedings in front of the Patent Trial and Appeal Board (PTAB) and has worked to secure victories in inter partes review proceedings. Her practice concentrates on life science technologies and includes significant experience in Hatch-Waxman litigation. She handles all stages of litigation, including developing case strategies beginning prior to filing of a complaint and through trial and appellate proceedings. She has significant experience in all stages of discovery in district court and PTAB proceedings.Close