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Prior Art

159 published works

  1. IP Law Watch

    NCS Multistage Inc. v. Nine Energy Service, Inc.: Private Sales Are Not Necessarily Public Disclosures Under the AIA

    By Connie Jaw

    In NCS Multistage Inc. v. Nine Energy Service, Inc., the Federal Circuit held that a patentee’s prior commercial sale of a device embodying the invention does not qualify as a…

  2. Spicy IP

    Section 14 is Not Section 25: Delhi High Court Revives Sugammadex Patent Bid

    By SpicyIP

    The Delhi High Court’s order in Fresenius Kabi v. Controller may ultimately turn on a Section 14 violation, but the concerns it flags go well beyond procedure, extending to hindsight,…

  3. PTAB Litigation Blog

    Failure To Cite Own Prior Art Tanks Patent Owner’s Discretionary Denial Request

    By Mike Lavine

    Visit Jones Day's PTAB Litigation blog at www.ptablitigationblog.com. By Mike Lavine – In Microsoft Corporation v. Sandpiper CDN, LLC, IPR2026-00180 (Paper 15, May 6, 2026), Director Squires denied Sandpiper CDN’s…

  4. IP Law Watch

    Federal Circuit Confirms § 112(a) Support Required for a Reference’s Provisional Prior-Art Date

    By Connie Jaw

    In Dental Monitoring SAS v. Align Technology, Inc., the Federal Circuit vacated a Patent Trial and Appeal Board (PTAB) Inter Partes Review (IPR) decision and held that under 35 U.S.C.…

  5. PTAB Litigation Blog

    Federal Circuit Clarifies Prior Art Effective Date Relative To Provisional

    By Charles Kim

    Visit Jones Day's PTAB Litigation blog at www.ptablitigationblog.com. By Charles Kim and Anuja Mehta – The Federal Circuit recently issued a precedential decision in Dental Monitoring SAS v. Align Technology,…

  6. Legal IT Insider

    Startup Corner: Lightbringer upturns the traditional patent application model

    By Caroline Hill - Editor-in-Chief

    Founded in 2023 by a heavyweight team led by former patent attorney and CEO Dominic Davies, Lightbringer enables you to go from idea to filed patent application in days instead…

  7. Gadgets, Gigabytes & Goodwill Blog

    Your Patent Is in Trouble When Borat Is Cited as Prior Art

    By Puya Partow-Navid

    Patent attorneys spend a lot of time explaining two deceptively simple concepts: novelty and obviousness. Both rise and fall on one thing: prior art. Most inventors assume prior art means…

  8. PTABWatch

    The Power of Prophetic Disclosures

    By Sandip H. Patel

    Last summer, the Federal Circuit affirmed the Patent Trial and Appeal Board’s determination that claims in a pair of patents owned by Agilent Technologies claiming chemically modified CRISPR guide RNAs…

  9. PTABWatch

    The High Hurdles in Disqualifying Prior Art

    By Sandip H. Patel

    The Federal Circuit’s decision last fall in Merck Serono S.A. v. Hopewell Pharma Ventures, Inc., Appeals 2025‑1210, ‑1211 (Fed. Cir. Oct. 30, 2025), reh’g and reh’g en banc denied (Jan.…

  10. The IPKat

    Non-reproducible products can be the closest prior art (T 1719/21)

    By Dr Rose Hughes

    Following G 1/23, products made available to the public are prior art in Europe, even if a skilled person cannot analyse or reproduce the product. The interpretation of G1/23 is…