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ARTICLE · 18 DECEMBER 2024

"First Available" Date Alone Is Insufficient Evidence Of Disclosure

Jones Day
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The Patent Trial and Appeal Board ("PTAB") denied institution in an inter partes review ("IPR"), finding that an online store's assertion regarding when a product was "first available" is by itself insufficient evidence...

United StatesIntellectual Property
Adam J. Cook
Adam J. Cook
Matthew Johnson
Matthew Johnson
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The Patent Trial and Appeal Board ("PTAB") denied institution in an inter partes review ("IPR"), finding that an online store's assertion regarding when a product was "first available" is by itself insufficient evidence of enabling disclosure that qualifies as a printed publication. See Vectair Systems Inc. v. Fresh Products, Inc., No. IPR2024-00824, Paper 9 (P.T.A.B. Nov. 12, 2024).

On April 19, 2024, Vectair Systems Inc. ("Vectair") filed a petition for IPR of U.S. Patent No. 10,145,098 ("'098 Patent") owned by Fresh Products, Inc. ("Fresh Products"). See id., Paper 2. The '098 Patent discloses improved urinal screens that are lighter in weight, reduce undesired splashing, and block large debris from entering urinals. See id., Paper 9.

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