The Federal Circuit has recently provided substantial guidance on whether printed publications include documents publicly available via the internet. This article reviews four such.
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If You Seek or Browse and Can Find, It’s Publicly Available, but Anticipation Isn’t Obvious and Requires Notice Thursday, February 11, 2021
The US Court of Appeals for the Federal Circuit found that facilitating browsing of documents on a website was sufficient to support public accessibility of prior art references, but that the Patent Trial and Appeal Board cannot
sua sponte invalidate a claim as anticipated under § 102 unless that specific statutory ground had previously been noticed.
M & K Holdings, Inc. v. Samsung Electronics Co., Ltd.,
Case No. 20-1160 (Fed. Cir. Feb. 1, 2021) (Bryson, J.)
In response to M & K Holdings’ suit for patent infringement, Samsung filed an