PTAB Orders Review of Requirements for Printed Publications at Institution Stage

On April 3, 2019, the Board ordered review by the Precedential Opinion Panel (“POP”) of its decision denying institution in Hulu LLC v. Soundview Innovations LLC, IPR2018-01039, Paper No. 15 (December 3, 2018).  Hulu requested rehearing of the decision arguing that the Board’s denial of institution conflicts with other Board decisions regarding public availability of printed publications.  The POP determined that the case warrants review to address the following issue:  What is required for a petitioner to establish that an asserted reference qualifies as a printed publication at the institution stage?

The parties were authorized to submit additional briefing addressing the above issue. Furthermore, the Board invited any amicus curiae to submit briefs by May 1, 2019.