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
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AIPLA Virtual Water Cooler - August Meetup
August 4, 2021 3:00 PM to 4:00 PM
Join us on August 4th at 3:00 pm, EDT for our Virtual Water Cooler. Drop in and catch up with colleagues old and new at this informal networking meetup. All are welcome. -
2021 Virtual Patent Trial and Appeal Board Bench & Bar
August 5, 2021 1:00 PM to 5:30 PM | No CLE
The 2021 Virtual Patent Trial and Appeal Board Bench & Bar program will be an informative, interactive program covering topics including practical guidance for AIA trials and ex parte appeals, as well as various PTAB initiatives. The PTAB Bench & Bar program is a four-hour program designed for new and experienced practitioners who want useful, timely content to help them in their practice before the PTAB. -
PTAB LEAP Oral Hearing Boot Camp
August 20 to September 17, 2021 | No CLE
In furtherance of the LEAP initiative, the PTAB and AIPLA are jointly organizing an oral hearing virtual boot camp in which practitioners will be able to present an argument before sitting PTAB judges and obtain invaluable feedback post-argument. The boot camp will be held mainly on Friday's beginning August 20. -
2021 Virtual Data Road Show
September 30, 2021 12:00 AM | 180 minutes of CLE
The 2021 Data Roadshow is a virtual half-day program wholly devoted to all things data with a focus on artificial intelligence and machine learning-enabled technology. The program will include a keynote and a series of panel discussions that seek to address many of the data related challenges companies face on a day-to-day basis, followed by a networking event. -
AIPLA 2021 Annual Meeting
October 28 to 30, 2021
We look forward to seeing you in-person at the Gaylord National Resort & Convention Center for our 2021 Annual Meeting, which will bring IP professionals together to network, learn, & grow, among the best and brightest in IP Law.