PTAB / Printed Publications
PTAB clarifies evidentiary requirements for printed publications in precedential opinion
On December 20, 2019, in a precedential decision, the Patent Trial and Appeal Board has determined that conventional indicia of publication, such as copyright dates from a well-known textbook from an established publisher, can be sufficient to establish printed publication status at the institution stage of an inter partes review. Although the Board did not hold that any particular indicia per se is sufficient at the institution stage, it did hold that indicia of publication are considered in view of the “totality of the evidence.” HULU, LLC, v. SOUND VIEW INNOVATIONS, LLC, IPR2018-01039, Paper 29 (Dec. 20, 2019).