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ARTICLE · 06 JULY 2022

A Decision Poised To Pivot On Credibility

Marshall, Gerstein & Borun LLP
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The Federal Circuit's recent decision in Google LLC v. IPA Technologies, Inc., Appeals 2021-1179, -1180, and -1185 (Fed. Cir. May 19, 2022), offers three instructive reminders.

United StatesIntellectual Property
Sandip H. Patel
Sandip H. Patel
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The Federal Circuit's recent decision in Google LLC v. IPA Technologies, Inc., Appeals 2021-1179, -1180, and -1185 (Fed. Cir. May 19, 2022), offers three instructive reminders. First, a publication disqualified from consideration as prior art during prosecution may be resurrected as prior art during an AIA trial. Second, the burden of producing evidence is not static, but rather one that shifts among trial participants. Third, when presented with a "highly relevant evidentiary conflict"-like conflicting fact-witness testimony-the Patent Trial and Appeal Board must resolve it "and make appropriate findings of fact." Google, Slip Op. at 11. When it doesn't do this, it's getting the case back.

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