Final Rule implements Section 818 of the NDAA FY 2018, which amended DOD statutory authority at 10 U.S.C. § 2305, to provide required enhanced post-award debriefing rights for competitive negotiated contracts, task orders, and delivery orders that exceed $10 million.
Panel: Judges Moore, Bryson, and Chen, with Judge Bryson writing the opinion
You should read this case if: you have a matter involving a challenge to whether a reference qualifies as a prior art printed publication
Congress limited
inter partes review invalidity challenges to anticipation and obviousness based only on “patents or printed publications.” So determining what is a printed publication can be paramount. While journal articles are usually an easy call, other content often falls in a grey zone. Our case this week illustrates how documents posted online by an industry standards working group can qualify as printed publications.