Art Confidentiality Ownership Public Use 
The IPKat
DECEMBER 22, 2023
The topic of prior use has been elevated to the status of a referral to the Enlarged Board of Appeal ( G1/23 ). The free evaluation of evidence of prior use (T 0042/19) New EBA referral: When is prior use of a product excluded from the prior art for lack of enablement? This is one to watch for 2024.
Fish & Richardson Trademark & Copyright Thoughts
FEBRUARY 4, 2021
The parties are currently engaged in supplemental expert discovery on Hospira and Pfizer’s on-sale bar and public use defenses, and the court has resolved two discovery disputes this year stemming from these issues. Non-Confidential Brief for Plaintiff-Appellant at 25, 35.) 9,643,997, which is directed to protein purification.
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