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PTAB Says Copyright Notice Alone Doesn’t Make Out a Printed Publication, PTAB Litigation Blog
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The PTAB denied institution of inter partes review in IPR2016-01083, Microsoft Corporation v. Corel Software, Inc., because the petitioner – Microsoft – failed to establish that a software reference manual that was part of its sole ground of unpatentability was a printed publication. Microsoft relied upon two pieces of evidence in support of its claim that the software reference manual was a printed publication – (1) a copyright notice on the reference manual; and (2) a printout from an electronic card catalog system called WorldCat maintained at the University of Toronto.