Informative: How To Sufficiently Show That A Thesis Is Publicly Accessible

As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for proving up a reference as printed publication prior art. Here is an in depth review of the second and third of the informative-designated decisions. Both decisions concern whether a dissertation, or thesis, qualifies as prior art.

Argentum Pharmaceuticals

On April 7, 2020, the PTAB designated as informative a portion of the decision (Section II.B.) denying institution on certain of the presented grounds in Argentum Pharmaceuticals LLC v. Research Corporation Technologies, Inc. IPR2016-00204, Paper 19 (May 23, 2016). In this case petitioner filed an IPR petition challenging the claims of U.S. Patent No. RE38,551 E, which relates to enantiomeric compounds and pharmaceutical compositions useful in the treatment of epilepsy and other central nervous system ("CNS") disorders. The petition raised eight grounds of