Antedating References at PTAB: Trends and Pitfalls

This article was reprinted with permission from Law360.

Patent owners generally face unfavorable odds in attempting to antedate references in America Invents Act trials, including inter partes review proceedings. Oftentimes, Patent Trial and Appeal Board decisions concerning antedating references turn on the sufficiency of the evidence submitted by patent owners. Trends are emerging from PTAB decisions addressing attempts by patent owners to antedate (or “swear behind”) references in AIA trials.

Click here to view the full Law360 article to learn about the trends and pitfalls of antedating references in AIA trials.

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