Adam Brausa and Emily Roberts wrote this article for Law.com about the strategies and challenges involved in antedating or removing prior art references in PTAB proceedings for pre-AIA patents. The article explores the legal and evidentiary requirements necessary for patent owners to demonstrate an earlier invention date or to prove that the prior art is the inventor's own work, thereby not qualifying as "by another." It emphasizes the importance of assembling credible documentary evidence and declarations to meet the burden of proof, and highlights the ongoing relevance of these strategies despite the shift to a first-to-file system under the AIA (America Invents Act).
