IP Blog
Blue Calypso
When is a document a “Printed Publication” under 102(b)?
The Federal Circuit held that there was an insufficient record to qualify the reference “IsoMed Constant-Flow Infusion System (“IsoMed”) as publicly accessible and therefore a printed publication under 35 U.S.C §102(b), and remanded for additional fact finding in C.R. Bard, Inc., Bard Peripheral Vascular, Inc., v. Angiodynamics, Incorporated(Fed. Cir. Sept. 28, 2018.) The patents at issue were U.S. Patent Nos....
Prior Art is What an Internet Search Engine Sees
A decision holding that an a YouTube video is a printed publication under 35 U.S.C. § 102(a) is a reminder that one should always assume that content on the Internet accessible via a public search engine qualifies as prior art. HVLPO2, LLC v. Oxygen Frog, LLC, No. 4:16cv336-MW/CAS (N.D. Fla. May 28, 2018). In this case, the video in question...