Category: Intellectual Property Law Category: Intellectual Property Law (show less)

The emergence of the Patent Trial and Appeal Board (“PTAB” or “Board”) as a preferred venue in recent years for invalidity challenges has provided a forum for a flurry of arguments aimed at establishing that documents housed in obscure libraries, disclosed at industry meetings, academic conferences, trade shows and other gatherings, or published in remote corners of the web, qualify as“printed publication” prior art. This article examines early and recent“ printed publication” case law, and provides practical suggestions for litigating in this increasingly active area.