VIDSTREAM LLC V. TWITTER, INC.
Before Newman, O'Malley, and Taranto. Appeal from the Patent
Trial and Appeal Board.
Summary: Evidence of a prior art reference's publication
date submitted after an IPR petition may be appropriately
considered by the Board if the evidence is a legitimate reply to a
challenge by the patent owner.
Twitter requested two Inter Partes Reviews of a patent assigned
to VidStream LLC. having a priority date of May 9, 2012. Twitter
asserted that the system was not patentable as obvious, identifying
a book authored by Anselm Bradford and Paul Haine
("Bradford") as prior art against VidStream's
patent.
Twitter's petitions included a copy of Bradford's
copyright page that contained the following legend: "Copyright
© 2011". In response, VidStream argued that
Bradford was not prior art because a page in Bradford indicated it
was published on December 13, 2015. In its reply, Twitter cited
additional documents evidencing the 2011 publication
