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ARTICLE · 01 MARCH 2024

Federal Circuit Slices PTAB's Printed Publication Finding

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Recently, the Court of Appeals for the Federal Circuit reversed one and vacated another Patent Trial and Appeal Board ("PTAB") final written decision in which the PTAB determined that Weber Inc.

United StatesIntellectual Property
Jareli Reynoso Gutierrez
Jareli Reynoso Gutierrez
Carl Kukkonen III
Carl Kukkonen III
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Recently, the Court of Appeals for the Federal Circuit reversed one and vacated another Patent Trial and Appeal Board ("PTAB") final written decision in which the PTAB determined that Weber Inc. ("Weber") failed to demonstrate that certain patent claims related to food slicers owned by Provisur Technologies, Inc. ("Provisur") were invalid. Weber v. Provisur Technology, Nos. 2022-1751, 2022-1813 (Fed. Cir. February 8, 2024). The Federal Circuit held that substantial evidence supported a showing that Weber's operating manuals qualified as printed publications under 35 U.S.C. § 102, contrary to the PTAB's determination.

Provisur owns U.S. Patent Nos. 10,639,812 ("'812 patent") and 10,625,436 ("'436 patent"), related to high-speed mechanical food slicers used in food-processing plants. Provisur sued Weber in federal court for infringement of the '812 patent and the '436 patent. Weber filed two inter partes review ("IPR") petitions challenging the patentability of

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