Proving Up Publications as Prior Art in IPR Proceedings After Hulu

Imagine the following scenario.

A product manual contains disclosures that mirror the claims of a patent that a competitor has been using to threaten your company. The cover of the reference bears a 2010 copyright date, which is a full two years before the competitor filed its patent. If this manual is provided in an inter partes review (IPR) against your competitor's patent, it would need to be proven up as prior art. How do you do that?

In Hulu, LLC v. Sound View Innovations, LLC, the U.S. Patent and Trademark Office Patent Trial and Appeal Board offered a precedential opinion on the topic. Here we examine that decision and its implications for IPR practitioners. Read the full publication.

This article was also published in IP Magazine on July 09, 2020.