Intellectual Property Law
New Matter SUMMER 2024, VOLUME 49, EDITION 2
Content
- 2023 Patent Case Review
- 2024 New Matter Author Submission Guidelines
- Contents
- Copyright Roundup
- Editorial Board
- Inside This Issue
- INTELLECTUAL PROPERTY SECTION Executive Committee 2023-2024
- INTELLECTUAL PROPERTY SECTION Interest Group Representatives 2023-2024
- IP and Art: An International Perspective
- Letter from the Chair
- Letter from the Editor-in-Chief
- MCLE Self-Study Article
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Quarterly International IP Law Update
- The California Lawyers Association Intellectual Property Alumni
- The Licensing Corner
- TTAB Decisions and Developments
- Updates on New Non-Compete Laws in California
- What Happened to the Rogers Test After the Jack Daniels Supreme Court Case?
- Weber, Inc. v. Provisur Technologies, Inc.
Weber, Inc. v. Provisur Technologies, Inc.
D. BENJAMIN BORSON
Borson Law Group P.C.
WEBER, INC. V. PROVISUR TECHNOLOGIES, INC.; SLIP OP. 2022-1751, 2022-1813 (FEDERAL CIRCUIT); 22 MARCH 2024.
Summary
Weber appeals two final decisions from the Patent Trial and Appeal Board (PTAB or Board). The Board found that Weber failed to establish unpatentability of the claims of Provisur’s patents. The Board held that Weber’s operating manuals were not prior art as printed publications. The Board also held that the prior art did not disclose two challenged claims terms. The Federal circuit, in a decision by Judge Reyna, with Judges Hughes and Stark vacated the Board’s conclusion that the Weber publication was not prior art, and remanded the case for further proceedings.