Hulu, LLC v. Sound View Innovations, LLC, IPR2018-01039, amicus brief filed 5/1/2019.
This Amicus Brief addresses the question of what is required for a petitioner to establish that an asserted non-patent reference qualifies as a “printed publication” at the institution stage.
As noted in Petitioner’s request for rehearing, the standard required for a petitioner to establish printed-publication status of an asserted non-patent reference has not been consistently articulated or applied by Board panels.
An unsettled question has arisen at the institution stage of IPR, PGR, and CBM proceedings, however. Some IPR institution decisions expressly invoke the public accessibility standard when assessing the issue of printed-publication status.
AIPLA believes that, when the evidence filed with an IPR petition establishes a reasonable likelihood that an asserted non-patent reference was publicly accessible before the critical date, the petitioner has established that the reference qualifies as a printed publication for purposes of institution.
Upcoming Events
-
Legal Secretaries & Administrators Conference
December 16 to 17, 2019
This two-day conference, which has been a cooperative effort with AIPLA and the United States Patent & Trademark Office, for 40 years, is an ongoing outreach program that debuted in 1979. It is the premiere source of help and information for hundreds of office administrators, paralegals, and legal secretaries. -
AIPLA 2020 Mid-Winter Institute
January 29 to February 1, 2020
Join a diverse, global community of law firms, companies, and institutions involved in the practice of patent, trademark, copyright, trade secret, and other unfair competition laws at AIPLA's Mid-Winter Institute at the Sheraton Grand at Wild Horse Pass in Phoenix, AZ. -
2020 Patent Prosecution Boot Camp - Seattle, WA
February 26 to 28, 2020
The Patent Prosecution Boot Camp is a comprehensive, CLE-accredited seminar that includes instructional lecture-style sessions with practical tips on US and international patent preparation and prosecution, as well as hands-on interactive workshops that will walk you through drafting claims and responding to office actions.