Prior Art “Patents and Printed Publications” Include the Patent Under Review

In Intri-Plex Technologies, Inc. v. Saint-Gobain Performance Plastics Rencol Limited, IPR2014-00309, Paper  07/03/2014 19, the Board denied reconsideration that admitted prior art in the patent under review constituted “prior art consisting fo patents or printed publications” under 35 U.S.C. 311(b).  The Board noted that it has long treated a patent applicant’s admissions as prior art.  The Board said that: “The ’640 patent is undeniably a “patent.” The fact that Saint-Gobain made admissions against its own interest in the public record within the four corners of its own patent is reliable evidence that the admitted prior art antedates the claimed invention.”

 

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About Bryan Wheelock

Education J.D., Washington University in St. Louis B.S.E. in Mechanical Engineering, Duke University Bryan Wheelock's practice includes preparation and prosecution of patent and trademark applications and drafting of intellectual property agreements, including non-compete agreements. He has brought and defended lawsuits in federal and state courts relating to intellectual property and has participated in seizures of counterfeit and infringing goods. Bryan prepares and prosecutes U.S. and foreign patent applications for medical devices, mechanical and electromechanical devices, manufacturing machinery and processes, metal alloys and other materials. He also does a substantial amount of patentability searching, trademark availability searching and patent and trademark infringement studies. In addition to his practice at Harness Dickey, Bryan is an Adjunct Professor at Washington University School of Law and Washington University School of Engineering.