Topic
Prior Art
159 published works
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…
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,…
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…
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.…
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,…
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…
Gadgets, Gigabytes & Goodwill Blog
Your Patent Is in Trouble When Borat Is Cited as Prior Art
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…
PTABWatch
The Power of Prophetic Disclosures
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…
PTABWatch
The High Hurdles in Disqualifying Prior Art
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.…
The IPKat
Non-reproducible products can be the closest prior art (T 1719/21)
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…