United States:
Reply Evidence Sufficient To Establish Printed Publication Status Of Reference
04 December 2020
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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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.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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