New Printed Publication Precedent/Informative Decisions
Yesterday, the Patent Trial & Appeal Board (PTAB) designated
one new precedential case, and four informative decisions directed
to printed publication analyses.
The four informative decisions stem from AIA trial proceedings,
and address common fact patterns in assessing public accessibility
of a printed publication. Perhaps of most interest is the
precedential decision, which outlines important distinctions
between examinational and adjudicatory procedures before the
agency.
Ex parte Grillo-López, Appeal No. 2018-006082
(Jan. 31, 2020) (precedential) (
here)
This decision to deny a request for rehearing explains that the
burden for establishing that a reference is a printed publication
is different in examination than in an inter partes review
proceeding. The holding in Hulu, LLC v. Sound View Innovations,
LLC, IPR2018-01039, Paper 29 (PTAB Dec. 20, 2019)
(precedential), does not apply to examination.
