Category Archives: Prior Art

Yeda Res. and Dev. v. Mylan – “We don’t need no Stinkin’ Prior Art”

The quote is from “Treasure of the Sierra Madre” when a bandido leader is trying to convince Bogart that his gang are Federales, and Bogie asks to see their badges. In the context of Yeda Res. and Dev. v. Mylan, … Continue reading

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Voter Verified Decision Elaborates on Internet Publication

Yesterday a panel of Judges (Lourie, Reyna and Wallach) in Voter Verified, Inc. v. Premier Election Solutions, Appeal nos. 2011-1559, 2012-1016 (Fed. Cir. November 5, 2012) expanded on the Fed. Cir.’s earlier decision In re Lister, 583 F.3d 1307 (Fed. Cir. … Continue reading

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Fed. Cir. Holds Provisionals Are U.S. Filings For 102(E)

In case you wondered if this was a settled question in the ever-shifting world of section 102, yesterday, In re Giacomini, (Rader, C.J.), (copy at end of post) the panel held that the effective U.S. filing date of a U.S. patent … Continue reading

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Does a Slideshow Show Too Much? In re Klopfenstein Revisited

In re Lister, the Federal Circuit repeatedly cited In re Klopfenstein, 380 F.3d 1345 (Fed. Cir. 2004) (link below), a decision that held that a poster presentation that was available for viewing at a meeting for 2-3 days was a … Continue reading

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