“First Available” Date Alone Is Insufficient Evidence of Disclosure, PTAB Litigation Blog
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The Patent Trial and Appeal Board (“PTAB”) denied institution in an inter partes review (“IPR”), finding that an online store’s assertion regarding when a product was “first available” is by itself insufficient evidence of enabling disclosure that qualifies as a printed publication. See Vectair Systems Inc. v. Fresh Products, Inc., No. IPR2024-00824, Paper 9 (P.T.A.B. Nov. 12, 2024).
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