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ARTICLE · 09 JULY 2018

No Showing That Conference Poster Constituted A Printed Publication

Jones Day
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With the universe of prior art available for IPRs being limited to patents and printed publications (35 U.S.C. § 311(b)), questions regarding the applicability of printed material that might be considered...

United StatesIntellectual Property
Douglas Pearson
Douglas Pearson
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With the universe of prior art available for IPRs being limited to patents and printed publications (35 U.S.C. § 311(b)), questions regarding the applicability of printed material that might be considered less mainstream prior art are sure to arise. So can a poster presentation shown at a scientific conference qualify as a printed publication for prior-art purposes in IPR? According to the PTAB's recent decision denying institution in Initiative For Medicines, Access & Knowledge (I-MAK), Inc., v. Gilead Pharmasset LLC, IPR2018-00123, Paper 7 (PTAB June 13, 2018), not without evidence that the poster satisfies the indicia of a "printed publication" under the statute.

In its IPR petition, the Initiative For Medicines, Access & Knowledge (I-MAK), Inc. sought to challenge Gilead Pharmasset's U.S Patent No. 8,735,372 directed to treatment for hepatitis C. The ground of unpatentability presented by the petitioner was an obviousness combination involving three references,

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