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PTAB Disqualifies Reference for Failure to Show Public Accessibility, PTAB Litigation Blog

October 2017

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The PTAB’s recent final written decision denying a finding of unpatentability in ABS Global, Inc. v. Inguran, LLC, Case IPR2016-00927, Paper 33 (PTAB Oct. 2, 2017) highlights the importance of obtaining affidavit evidence to prove public accessibility of printed publications. In the proceeding, Petitioner ABS Global challenged the patentability of U.S. Patent No. 8,198,092 (“the ‘092 patent”), which relates to the sorting of animal sperm cells according to DNA characteristics. The ‘092 patent claimed an effective filing date of March 28, 2003. Each of the grounds at issue in the IPR proceeding relied on the "Leary" prior art reference in combination with one or more other prior art references under § 103. Leary was an article published by the International Society for Optical Engineering (SPIE).

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