Petitioners Beware: Screenshots Showing Product May Not Qualify as Printed Publication
By Connor Scholes and John Evans - In a recent decision, the PTAB determined that images of products offered for sale via online retailers, such as Amazon, did not alone qualify as printed publications—even if the images showed the product and the date it was offered...
Institution Denied for Failure to Show Disclosure in Provisional Application
By David Linden and Dave Maiorana - On December 1, 2023, Intelligent Wellhead Systems, Inc. (“Intelligent”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 11,401,779 (“the ’779 Patent”) (“IPR256”), assigned to Downing Wellhead Equipment, LLC...
Director Says Typo Was Read Incorrectly
By Owen Carpenter and Matt Johnson - - On July 30, 2024, Director Vidal ordered patent board judges to revisit a ruling on “an obvious typographical error.” See Hesai Technology Co. Ltd., Hesai Group, and Hesai Inc. v. Ouster, Inc., IPR2023-01485. Director Vidal,...
PTAB Claim Construction May Be Binding In Later Litigation
By Sue Gerber and Matt Johnson - In 2016, the Federal Circuit expressed doubt that claim constructions from the PTAB could give rise to estoppel in later litigation because “the [PTAB] applies the broadest reasonable construction of the claims while the district...
Private Sale Not Necessarily Public Disclosure Under Section 102(b)(2)(B)
By Matt Carey and Matt Johnson - In Sanho Corp. v. Kaijet Technology International Limited, Inc, the Federal Circuit affirmed the PTAB's decision finding obvious all challenged claims of the '429 patent, which relates to a device that provides ports for connecting...