Book As A Printed Publication? Read Carefully., PTAB Litigation Blog
Be careful not to confuse reprints with new editions when considering books as printed publications under 35 U.S.C. 102(b). In VidStream LLC v. Twitter, Inc., No. 2019-1734, 2020 WL 6937852 (Nov. 25, 2020), the Federal Circuit considered the issue of whether the PTAB improperly based its public accessibility findings on the “incorrect version” of a book as a printed publication. The Federal Circuit ultimately affirmed the PTAB’s holding that the book was prior art.
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