Federal Circuit Slices PTABs Printed Publication

Federal Circuit Slices PTAB’s Printed Publication Finding, PTAB Litigation Blog

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Recently, the Court of Appeals for the Federal Circuit reversed one and vacated another Patent Trial and Appeal Board (“PTAB”) final written decision in which the PTAB determined that Weber Inc. (“Weber”) failed to demonstrate that certain patent claims related to food slicers owned by Provisur Technologies, Inc. (“Provisur”) were invalid. Weber v. Provisur Technology, Nos. 2022-1751, 2022-1813 (Fed. Cir. February 8, 2024). The Federal Circuit held that substantial evidence supported a showing that Weber’s operating manuals qualified as printed publications under 35 U.S.C. § 102, contrary to the PTAB’s determination.

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