Patents, Evidentiary Standards, Evidence

Patent Derivation Proceedings Offer a First-to-File Exception - Don’t Take the Bait

Miller Canfield on 9/4/2025

The Federal Circuit’s recent decision in Global Health Solutions LLC v. Selner is its first review of a rare patent dispute resolution process under the America Invents Act (AIA). The decision serves as a warning that proving...more

Undated Screenshot Insufficient to Prove Public Accessibility of GitHub Repository

Jones Day on 1/15/2024

In AO Kaspersky Lab v. Open Text Inc., the PTAB denied inter partes review after determining that a screenshot of a GitHub repository was insufficient to establish that a whitepaper posted to that repository qualified as a...more

Practical Tips from the Judges’ Panel at the PTAB Judicial Conference

Jones Day on 8/2/2018

On July 26, 2018, the Silicon Valley Regional Office of the United States Patent and Trademark Office (“USPTO”) hosted a Judicial Conference by the Patent Trial and Appeal Board (“PTAB”). During the conference, a panel of...more

Federal Circuit Holds GoPro’s Catalog Qualifies as a Printed Publication

Snell & Wilmer on 7/30/2018

Earlier today, the Federal Circuit released a decision concerning what constitutes a printed publication in GoPro Inc. v. Contour IP Holding LLC. The court reversed the Patent Trial and Appeal Board (“PTAB”) and held that...more

No Showing that Conference Poster Constituted a Printed Publication

Jones Day on 6/28/2018

With the universe of prior art available for IPRs being limited to patents and printed publications (35 U.S.C. § 311(b)), questions regarding the applicability of printed material that might be considered less mainstream...more

When is a Conference Paper Publicly Accessible: Lessons Learned

Jones Day on 3/23/2018

In Power Integrations, Inc. v. Semiconductor Components Industries, LLC, the PTAB provided new guidance to practitioners regarding the eligibility of conference papers as printed publications for use as prior art references...more