PTAB Confirms Petitioners Must Make Two Distinct Showings to Prove a Primary Patent Reference’s Entitlement to a Provisional Application’s Filing Date

In a January 27, 2022 non-precedential decision in IPR2021-01328, the Patent Trial and Appeal Board (“PTAB”) denied institution of an inter partes review (“IPR”) proceeding because the petitioner failed to prove that the primary patent reference was prior art to the challenged patent. Specifically, despite relying on the filing date of a provisional application in … Continue reading “PTAB Confirms Petitioners Must Make Two Distinct Showings to Prove a Primary Patent Reference’s Entitlement to a Provisional Application’s Filing Date”