Friday, January 11, 2008

Patent Anticipated by Prior Art Paper That Shared Diagrams and Descriptions

Case: SRI Int'l, Inc. v. Internet Sec. Sys., Inc., Fed. Cir. No. 2007-1065 (January 8, 2008)

  • On a patent for internet security techniques, a paper published more than one year before the patent was filed invalidated the patent due to anticipation. The panel rejected the argument that the paper was not enabling - shared language and diagrams between the paper and the specification established on summary judgment that the paper was enabling.
  • A paper posted on an FTP site with an obscure file name was not a publication - it was not indexed so that one of skill in the art would look for it there.



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