Archive for the ‘Prior Art’ Category
SRI Int’l v. Internet Security Systems (Fed. Cir. 2008)
Holding:
A scientific paper posted to non-Indexed FTP site is not recognized a prior art (as defined 35 USC 102(b)).
Reasoning:
The court found insufficient evidence to rule on summary judgment. The FTP server was publicly accessible. However, it was uncataloged and would have been difficult to search. Additionally, only one non-SRI person (the conference chair) was shown to have knowledge of the paper on the FTP site.