Intellectual Property Litigation: Standard for Showing When a Reference Is a ‘Printed Publication’

Litigation partners Lewis Clayton’s latest intellectual property litigation column, “Standard for Showing When A Reference Is a ‘Printed Publication’,” appeared in the July 10 issue of the New York Law Journal. Lew discusses Hulu v. Sound View, where the Patent Trial and Appeal Board (PTAB) is set to decide what showing a petitioner must make to establish that a reference was publicly available prior to the date of the challenged patent, thus qualifying as a printed publication. They also review prior PTAB decisions addressing this issue. Litigation associate Michael Milea and summer associate Kasturi Mitra assisted in the preparation of this article.