Late last year, the PTAB’s Precedential Opinion Panel clarified that in an IPR, it is the petitioner’s burden to show a reasonable likelihood that an asserted reference qualifies as a printed publication. See Hulu, LLC v. Sound View Innovations, LLC, IPR2018-01039, Paper 29 (Dec. 20, 2019) (designated precedential Dec. 20, 2019). On April 7, the PTAB further clarified what evidence can meet that burden. One decision, designated precedential, discusses what is required to show a reference is a printed publication in the examination context. Four other decisions, designated informative, shed light on how a petitioner in an IPR can successfully show a reference is a printed publication.
