Proof of Prior Art Requires Sufficient Corroborat

Proof of Prior Art Requires Sufficient Corroboration By Credible Evidence, PTAB Litigation Blog

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Proof of prior art is an issue that often arises in inter partes and post grant review proceedings before the PTAB.  In a recent decision, the Federal Circuit explained the quantum of proof that is required to establish prior art, particularly when the prior art being asserted is the patent challenger’s own invention.  Mosaic Brands, Inc. v. Ridge Wallet LLC, — F.4th —, 2022 WL 17814226 (Fed. Cir. Dec. 20, 2022).

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