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Precedent-Setting Panel Revives Hulu’s Data Patent Challenge (1)

Dec. 20, 2019, 6:47 PMUpdated: Dec. 20, 2019, 10:23 PM

A Patent and Trademark Office leadership panel set new precedent for when printed publications hold up as prior art, by finding that Hulu LLC had enough evidence to try to prove claims in a data processing patent were obvious due to information in a textbook.

Hulu established a reasonable likelihood that a reference it said proved claims in Sound View Innovations, LLC’s U.S. Patent No. 5,806,062 were invalid was publicly accessible in part based on the textbook’s copyright date, the Precedential Opinion Panel, or POP, said in a Dec. 20 decision.

The decision—POP’s third since its establishment in 2018—clarifies...

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