Dynamic Drinkware Dooms Another Petitioner’s Prior Art, PTAB Litigation Blog
Summary — Two Key Lessons:
- The petitioner bears the initial burden of production to show that a challenged patent is not entitled to its earliest effective filing date.
- Under Dynamic Drinkware, the petitioner must show that the claims of a published patent application are supported by a provisional application in order for that published application to be prior art as of the provisional application’s filing date.
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