Provisionals’ Disclosures Must Fully Support an Issued Claim for Pre-AIA Priority, PTAB Litigation Blog
Visit the PTAB Litigation Blog
The PTAB recently provided a pre-AIA priority analysis for reference patents in Roku, Inc. v. Anonymous Media Research Holdings, LLC, No. IPR2024-01057, Paper 10 (P.T.A.B. Feb. 10, 2025). This decision highlights the comprehensiveness required of a pre-AIA provisional application’s disclosure to establish priority from its filing date. (For a comparison of priority analyses before and after the AIA, click here to read a PTAB Litigation Blog post about the precedential decision in Penumbra, Inc. v. RapidPulse, Inc.)
Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.
