Fletcher YoderA reference qualifies as a “printed publication” if it has been disseminated or otherwise made available to the extent that persons interested and ordinarily skilled in the subject matter or art exercising reasonable diligence can locate it.
The Federal Circuit vacates an infringement damages award, finding that the awarded royalty rate was at least partially based on speculative evidence and previous licenses unconnected to the claimed technology at issue.
Whether a publication posted to a non-indexed FTP site is 102(b) prior art raises a genuine issue of material fact.