Book As A Printed Publication? Read Carefully., PTAB Litigation Blog
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Be careful not to confuse reprints with new editions when considering books as printed publications under 35 U.S.C. 102(b). In VidStream LLC v. Twitter, Inc., No. 2019-1734, 2020 WL 6937852 (Nov. 25, 2020), the Federal Circuit considered the issue of whether the PTAB improperly based its public accessibility findings on the “incorrect version” of a book as a printed publication. The Federal Circuit ultimately affirmed the PTAB’s holding that the book was prior art.
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