Availability of Document on Government Website In

Availability of Document on Government Website Insufficient for Institution, PTAB Litigation Blog

Visit the PTAB Litigation Blog

In denying inter partes review in OBM, Inc. & Cholla Energy LLC v. Lancium LLCthe PTAB again made clear that “technical availability” of a reference is not enough to establish it is a printed publication.  Here, the PTAB held that the petitioner failed to show that one of its prior art references, a copy of a standard rates schedule governing the sale of electricity in Virginia (the “APC-Tariff” reference”), qualified as a printed publication.  The patent at issue, U.S. Patent No. 10,608,433 (“the ’433 patent”) relates to energy management technologies to prevent overload of electric grids.

Read the full article at

Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.