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Joshua Javitz
is an Associate at Sughrue Mion in the firm's Electrical/Mechanical Practice Group. His practice focuses on Patent Office practice, including drafting and prosecuting patent applications in a broad range of technological areas related to electrical, computer, and mechanical arts. Joshua is also a contributor to "The Essential Case Law Guide to PTAB Trials," a compendium of PTAB decisions on procedural, evidentiary, and substantive issues encountered in IPRs, PGRs, and CBMs (Release date, April 2018).
For more information or to contact Mr. Javitz, please visit his Firm Profile Page.
For more information or to contact Mr. Javitz, please visit his Firm Profile Page.
Recent Articles by
How Patent Owners Can Disqualify Prior Art References Relied Upon by Petitioner for Unpatentability
To request cancellation of one or more claims of a patent in an inter partes review (IPR), a petitioner must challenge the claim on the basis that the claim is unpatentable under 35 U.S.C §102 or 103, in view of prior art patents or printed publications. 35 U.S.C. § 311(b). Two ways a patent owner can disqualify references relied upon by the petitioner for unpatentability are by (i) asserting that the petitioner did not set forth sufficient evidence showing that the reference qualifies as a printed publication, or (ii) antedating the reference to show that the date of invention is prior to the critical date of the reference.