The State of “Printed Publication” Prior Art Case Law: Practical Considerations for Patent Holders and Patent Challengers
Recording of a 90-minute CLE webinar with Q&A
The CLE webinar will provide an in-depth discussion for counsel on the history and current state of the law regarding 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. § 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 to “confidentiality expectations” or restrictions on dissemination play in the public accessibility analysis?
Jason S. Angell
Hopkins & Carley
Mr. Angell is a trial lawyer and member of the firm’s Intellectual Property Practice. He has focused his career... | Read More
Mr. Angell is a trial lawyer and member of the firm’s Intellectual Property Practice. He has focused his career on antitrust litigation, IP litigation and counseling, and other complex matters for technology companies. Mr. Angell has served as lead counsel for domestic and international companies in patent infringement and validity proceedings involving semiconductors, audio and video decoding devices, computer software and hardware, consumer electronics devices, medical devices, and biotechnology. He represents both patent holders and parties defending against patent claims in infringement litigation in courts across the U.S., is a member of the Patent Bar, and represents parties before the PTAB.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