Federal Circuit Affirms PTAB Finding That Article Is Not A “Printed Publication”
On November 6, 2018, the Court of Appeals for the Federal Circuit (CAFC) issued an opinion affirming a final written decision by the Patent Trial and Appeal Board (PTAB) finding the patent claims that had been challenged by inter partes review (IPR) to be not unpatentable. Acceleration Bay, LLC v. Activision Blizzard Inc., —F.3d—, (Fed. Cir. November 6, 2018). The CAFC ruled that the patent challenger had not proved that an article available on the Internet before the critical date was a “printed publication,” and that the article therefore was not available as prior art.
Patent Trial And Appeal Board Announces IPR Remand Procedures
11/28/2017On November 17, 2017, the Patent Trial and Appeal Board (the “Board”)—the division of the United States Patent and Trademark Office that handles inter-partes review proceedings—announced new internal operating procedures that will govern how the Board will handle inter partes review proceedings that the Court of Appeals for the Federal Circuit remands to the Board after appeal. See P.T.A.B. Standard Operating Procedure (“SOP”) 9
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