直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

Federal Circuit IP Blog

Prior Printed Publications “Publicly Available” Despite Confidentiality Restrictions

March 7, 2024

Authored and Edited by Hani Salameh; Christina Ji-Hye Yang; Esther H. Lim

In Weber, Inc. v. Provisur Techs., Inc., Nos. 2022-1751, 2022-1813 (Fed. Cir. Feb. 8, 2024), the Federal Circuit reviewed the Patent Trial and Appeal Board’s (“Board”) determinations that Weber failed to establish unpatentability of Provisur’s patents, and reversed-in-part, vacated-in-part, and remanded for further proceedings.

Weber filed two IPRs against Provisur’s patents, arguing that they are invalid as obvious in view of several references, including Weber’s operating manuals. The Board ultimately upheld the patents based on the finding that the operating manuals are not printed publications and that the prior art does not disclose two limitations.

The Federal Circuit held that the Weber operating manuals were sufficiently accessible to the public because one could obtain them upon purchase or request. The alleged confidentiality restrictions and copyright notice on the manuals and the IP rights clause covering the sales did not negate public availability. The Court also held that the Board’s construction of “disposed over” requiring a specific spatial relationship between components was too narrow and improperly imported limitations from the specification. Finally, the Court held that the Board’s finding that Weber’s operating manuals do not disclose the “product bed conveyer” was not supported by substantial evidence.

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

Global IP Enforcement, Litigation, and Trials

Related Industries

Chemicals, Industrials, and Materials

Manufacturing

Related Offices

Palo Alto, CA

Washington, DC

Contacts

Hani Salameh
Associate
Palo Alto, CA
+1 650 849 6646
Email
Christina Ji-Hye Yang
Partner
Washington, DC
+1 202 408 4465
Email
Esther H. Lim
Partner and Chief Community Officer
Washington, DC
+1 202 408 4121
Email

Copyright © 2024 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. 

DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Related Insights

Webinar

U.S. Discovery for Foreign Proceedings—28 USC § 1782 Requirements and Practice Tips

September 2, 2026

Webinar

At the PTAB Blog

IPR and PGR Statistics for Final Written Decisions Issued in June and July 2026

August 19, 2026

Articles

Privacy Law Mid-Year Update: Key EU and UK Data Protection Decisions

August 13, 2026

European IP Blog

UPC Action Permissibly Lodged Prior to the Grant of a European Patent

12 August 2026

At the PTAB Blog

IPR and PGR Statistics for Final Written Decisions Issued in May 2026

July 31, 2026

IP Updates

Too Concrete to Fail: Ceiva’s Guidance on the Use of Sufficiently Concrete Structures to Overcome Section 101 Rejections

July 28, 2026

Articles

Highlights and Implications of the UK Corporate Plan for the UKIPO

July 17, 2026

Articles

This Article Was Written Entirely by AI — Welcome to Synthetic Patent Litigation

July/August 2026

Federal Circuit IP Blog

“2” Does Not Provide Written Description Support for “1”: Federal Circuit Affirms District Court’s Invalidation of Patent

July 8, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP