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Public use == “accessible to the public.”

Patently-O

Minerva’s ‘208 patent claims a device for endometrial ablation and includes a 2011 priority filing date. The application was filed in 2011, but back in 2009 Minerva had been doing testing on a prototype “Aurora device” that included inner/outer frames made of two different types of steel. 3d 1243 (Fed.

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The Inventive Entity and Prior Publication by Another

Patently-O

a) the invention was … patented or described in a printed publication … before the invention thereof by the applicant for patent, or. (b) b) the invention was patented or described in a printed publication … more than one year prior to the date of the application for patent in the United States, or.

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Post-IPR Estoppel: Printed Publication vs. Actual Product Shown in the Publication

Patently-O

As is usual these days, ELCO turned-around and filed an inter partes review petition — challenging the patent’s validity based upon a 2011 product catalog (printed publication) that had featured the Hatteras lighting product. ” 35 U.S.C. ” Here, the district court found substantive, germane differences.