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WHEN IS AN ARTICLE THAT HAS BEEN BOTH PRINTED AND PUBLISHED NOT A “PRINTED PUBLICATION”?
Answer: When it’s too hard to find. The filing of a inter partes review (“IPR”) petition seeking to invalidate an opponent’s patent is a favorite strategy of defendants in patent infringement litigations. Why? Because the common wisdom is that the judges who adjudicate IPR’s are far more likely to invalidate a patent’s claims for obviousness…
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