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Federal Circuit Affirms Reference Documents Relied on in Samsung s Petition Are Publicly Accessible | Haug Partners LLP

Federal Circuit Affirms Reference Documents Relied on in Samsung s Petition Are Publicly Accessible | Haug Partners LLP
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CAFC Partially Vacates PTAB in Mixed Victory for Samsung

CAFC Partially Vacates PTAB in Mixed Victory for Samsung
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Federal Circuit Addresses Printed Publications Under 35 U S C § 102 and the APA Notice Requirement in Inter Partes Reviews | BakerHostetler

In a precedential opinion, M&K Holdings, Inc. v. Samsung Electronics, Inc. (Fed. Cir. Feb. 1, 2021), the Federal Circuit further clarified the scope of prior art printed publications under 35 U.S.C. § 102. The Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision that the prior art at issue in an inter partes review proceeding, which had been generated as part of a joint task force for establishing industry standards, qualified as a printed publication. In addition, the Federal Circuit addressed the issue of notice under the Administrative Procedure Act (APA). The Federal Circuit vacated the PTAB’s finding of anticipation with respect to one of the claims at issue, holding that because the underlying petition for

Patent Case Summaries - February 2021 #1 | Alston & Bird

Federal Circuit Decision: M & K Holdings, Inc v Samsung Electronics Co , Ltd

Advertisement 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 

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