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Printed Publications – Public Accessibility Requires More Than Technical Accessibility

Printed Publications – Public Accessibility Requires More Than Technical Accessibility

In Acceleration Bay, LLC v. Activision Blizzard Inc. et al., Nos. 2017-2084, 2085, 2095, 2096, 2097, 2098, 2099, 2117, 2118 (Nov. 6, 2018), the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) final written decision in a group of related proceedings, including IPR2015-01951.[1]  The PTAB had found that several claims of the challenged patents were unpatentable and that other claims, along with substitute claims of the challenged patents, were not unpatentable.  Particularly, the PTAB found that one of the references used to challenge the different patents was not a printed publication under 35 U.S.C. § 102(a).  The Federal Circuit affirmed the PTAB’s decision with respect to the printed publication issue and held that the reference was not a printed publication under § 102(a). Background Acceleration owns U.S. Patent Nos. 6,829,634 (the ’634 patent), 6,701,344 (the ’344 patent), and 6,714,966 (the ’966 patent).  Blizzard filed six petitions for inter partes review… Continue Reading

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