When a Correction Isn’t a Cure: PTAB Rejects Redefinition of Prior Art in a Corrected Petition

October 1, 2025 Patent Trial & Appeal Board, IPRs, Patent Litigation, Patent Infringement

In a recent final written decision, the PTAB determined that a reference patent was not prior art, despite the petitioner’s post‑filing attempt to correct its petition. While the petitioner argued that it intended to rely on the patent application’s earlier date of publication, both the corrected petition and the expert declaration continued to reference the issued patent rather than the published application.

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