Listserv Working Group Reference Not A Printed Publication, PTAB Litigation Blog
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“Printed publication” under 35 U.S.C. § 102(b) is typically construed to encompass any type of document, as long as the document is “publicly accessible.” See, e.g., Medtronic, Inc. v. Barry, 891 F.3d 1368 (Fed. Cir. 2018). In Samsung Electronics Co., Ltd. v. InfoBridge Pte. Ltd., IPR2017-00099,-00100, Paper 41 (Nov. 13, 2020) the issue was whether a reference sent to an email listserv should be considered “publicly accessible.” Following remand from the Federal Circuit, the PTAB again sided with the patent owner, this time concluding that Samsung (Petitioner) had failed to provide sufficient evidence that an ordinarily skilled artisan would have known about the reference or how to access it.
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