In VidStream LLC v. Twitter, Inc., Nos. 2019-1734, 2019-1735 (Fed. Cir. Nov. 25, 2020), the Federal Circuit affirmed the PTAB's holding that Twitter's primary reference qualified as prior art under 35 U.S.C. § 102(a). In doing so, the Federal Circuit explained that the PTAB properly considered evidence submitted by Twitter in its reply brief that was not previously submitted in Twitter's IPR petitions. For more detailed analysis of this case, please see Finnegan's AIA blog.
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