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Federal Circuit: In An IPR Proceeding, The Burden Lies With The Petitioner To Show 'Substantial Evidence' That The Prior Art Patent Is Entitled To The Priority Date Of Its Provisional Application
On Sept. 4, 2015, a Federal Circuit panel of Judges Lourie, Bryson, and O'Malley issued a unanimous opinion, authored by Judge Lourie, in Dynamic Drinkware, LLC v. National Graphics, Inc., Case No. 2015-1214. The panel reviewed whether a patent prior art reference was entitled to a priority date based on its provisional patent application, and affirmed the Patent Trial and Appeal Board (PTAB) finding that the patent at issue in inter partes review was not anticipated.
Dynamic Drinkware (Dynamic) filed in the PTAB for inter partes review of National Graphics' U.S. Patent 6,635,196, ('196 patent) 'directed to making molded plastic articles,' arguing several claims of the '196 patent were anticipated by U.S. Patent 7,153,555 ('Raymond patent'). Slip op. at 2. The PTAB had made two findings: 'Dynamic failed to prove that the Raymond patent was entitled to the benefit of its ' provisional filing date,' and 'National Graphics reduced to practice its invention by March 28, 2000, before the May 5, 2000 filing date of the Raymond patent.' Id. at 3. Based on these findings, the PTAB held that Dynamic did not prove anticipation of the '196 patent. Dynamic appealed the PTAB decision to the Federal Circuit.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
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