The Federal Circuit recently vacated and remanded a decision by the Patent Trial and Appeal Board (PTAB), finding that the PTAB applied the wrong legal standard for determining whether a reference was publicly accessible before the critical date of the challenged patent. The Court found that the asserted reference was publicly accessible because a person of ordinary skill in the art could, through the exercise of reasonable diligence, access the reference. The decision, authored by Judge O’Malley, held that a patent challenger does not have to establish that the asserted reference was actually accessed or received or available to a significant portion of those skilled in the art to show that the work was publicly accessible.
Litigation
- What I’ll Be Watching for in the Amgen Oral Arguments
- A Dog’s Day in Court: Implications of the ‘Bad Spaniels’ Arguments on Parody Determinations and Noncommercial Use
- SCOTUS Skeptical that Bad Spaniels is Parody, But Questions Need to Overturn Rogers
- Justices Seek Abitron Parties’ Help in Articulating Bounds of Extraterritorial Application of Lanham Act
- U.S. Taxpayers Should Not Be Paying for Private Patent Infringement
Recent Posts
- What I’ll Be Watching for in the Amgen Oral Arguments
- A Dog’s Day in Court: Implications of the ‘Bad Spaniels’ Arguments on Parody Determinations and Noncommercial Use
- Other Barks & Bites for Friday, March 24: Non-DOCX Fee Delayed Further; SCOTUS Petition Says Hirshfeld’s Review of PTAB Decision Violated Federal Vacancies Reform Act; Moderna CEO Grilled by Senate Committee over COVID Vaccine Price Hike
- Bayh-Dole Opponents Slam-Dunked Once Again
- SCOTUS Skeptical that Bad Spaniels is Parody, But Questions Need to Overturn Rogers