Citing Issued Patent Instead of Pre-Grant Publication Almost Costs Petitioner, PTAB Litigation Blog
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Recently, the Patent Trial and Appeals Board (“PTAB”) released a final written decision finding no challenged claims were unpatentable in Duration Media LLC v. Rich Media Club LLC, IPR2023-00953, Paper 74 (August 19, 2024). Of importance, the petitioner unsuccessfully argued that an asserted prior art patent was not prior art under pre-AIA 102(b), despite the fact that its pre-grant publication would have been 102(b) art.
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