CAFC: Nearly Identical Reference is Prior Art, PTAB Litigation Blog

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In the recent precedential Federal Circuit decision Valve Corporation v. Ironburg Inventions Ltd., No. 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed. Cir. August 17, 2021), the Federal Circuit ruled on an issue that is not often appealed—whether the Petitioner had authenticated a submitted prior art reference.  The appeal arose from IPR proceedings filed by Petitioner Valve Corporation against U.S. Patent Nos. 9,289,688 (“the ‘688 patent”) and 9,352,229 (“the ‘229 patent”), both owned by Ironburg Inventions.

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