Petitioner’s Proof of Printed Publication Falls Short
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On February 6, 2025, the PTAB denied IPR institution because the Petitioner failed to establish that its key prior art reference qualified as a printed publication under Section 102(b). The PTAB’s decision hinged on whether the “Dammann” reference, which Petitioner relied on for each invalidity ground, was publicly accessible before the critical date of challenged US Patent No. 7,623,439 B2 (the ‘439 patent).
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