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IP News

By Howard J. Shire and Brent T. Hagen
September 30, 2015

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.

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