In a recent decision arising from an Inter Partes Review (“IPR”) challenge to an issued patent, Weber, Inc. v. Provisur Techs., 2024 U.S. App. LEXIS 2905 (Feb. 8, 2024), the Federal Circuit discussed how much evidence – or how little – is needed to prove “publication” of a piece of prior art, where the allegedly published item is distributed to a limited number of recipients and with restrictions on republishing. Although not discussed by the court, the decision is also of interest for highlighting the tension between the test for printed publication and the intent that IPR be a streamlined procedure in comparison to litigation.
