NetList Inc (NLST)

[100lbStriper]

Stokd $NLST Had this good/thorough piece on the subject saved since Jan, written by the attorney representing LynkLab in their CAFC appeal vs Samsung & Vidal.

"But what about an application that was filed before the filing date of the challenged patent, but was not published until after the filing date? That reference is not a prior art “printed publication” because it was not publicly available at the time the application for the patent was filed. This kind of “secret prior art” should not be available as the basis for an IPR."

"The patent statute confirms that IPRs should not be instituted based on patent applications that published after the priority date of the challenged patent but the PTAB has permitted IPRs to be based on prior-filed, later-published patent applications."

"Case Law Confirms That Prior-Filed, Later-Published Applications Are Not Prior Art ‘Printed Publications’"

"The PTAB’s Position on the Admissibility of Published Applications in IPRs Is Incorrect"

https://ipwatchdog.com/2024/01/15/patent-applications-published-priority-date-challenged-patent-not-printed-publications-iprs/id=171874/