Category Archives: Prior Art

IPO Chat Channel: Inequitable Conduct – A Refresher & Update – April 23rd

Have findings of inequitable conduct due to egregious misconduct become more common post-Therasense or can a simple failure to disclose material prior art still lead to a finding of inequitable conduct? What are the possible consequences to both litigators and … Continue reading

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Hulu v. Soundview Innovations – the Shifting Sands of Printed Publications

In Hulu v Soundview Innovations, IPR2018-01039, the PTAB was faced with the question of whether or not a certain textbook was a “printed publication” that was “publicly available” and so qualified as prior art against U.S. Pat. No. 5,806,062 – … Continue reading

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Nuvo Pharms. v. Dr. Reddy’s Labs. – Catch 22 at the Federal Circuit?

A “catch 22” is defined as a “dilemma or difficult circumstance from which there is no escape because of mutually conflicting or dependent conditions.” (As in if a pilot claims he is too mentally ill to fly missions, he has … Continue reading

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Supreme Court Rules That “Secret Sales” Can Qualify as Prior Art

Pre-AIA, 35 USC 102(b) stated that a person is entitled to a patent unless “the invention was patented or described in a printed publication… or in public use or on sale in the country, more than one year prior to … Continue reading

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