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BPLA Case Law Committee Meeting - GoPro, Inc. v. Contour IP Holding LLC
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When: Friday, February 9th, 2018
12:00 PM - 1:30 PM
Where: Fish & Richardson PC
1 Marina Park Drive
Boston, Massachusetts  02210
United States
Contact: James Lampert

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 BPLA Case Law Committee - GoPro, Inc. v. Contour IP Holding LLC

Friday, February 9th, 2018
Meeting 12:00pm-1:30pm



Fish & Richardson P.C.
ONE Marina Park Drive
Boston, MA  02210


Lunch will be provided. Registration closes 2/7/2018

Discussion Leader: Adam Kessel

In GoPro, Inc. v. Contour IP Holding LLC, the PTAB found two patents relating to action sports video cameras were not rendered invalid by a catalog that had been created by the IPR petitioner and made available at a trade show before the effective filing date of the patents. The basis for the PTAB’s decision was that the petitioner failed to make a sufficient showing that its own catalog qualified as prior art under 35 U.S.C. § 102(b). In particular, the Board found the petitioner had not established that “a person interested and ordinarily skilled in the art from the public” would have known about the catalog and been able to obtain the catalog at the trade show. The Board also found the petitioner failed to show that attendees at the trade show were “persons ordinarily skilled in the art” rather than just interested members of the public. The GoPro decision is now on appeal and scheduled to be argued on March 9. The appeal thus raises important questions about the level of public dissemination necessary to qualify as prior art that arise in many cases.


To prepare for the discussion, please review the appellate briefs, as well as the most recent Federal Circuit case to touch on these issues, Blue Calypso v. GroupOn, Inc., Nos. 2015-1391, 2015-1393, 2015-1394 (Fed. Cir. 2016).


GoPro, Inc. v. Contour IP Holding LLC, No. 2017‑1894 (Fed. Cir.)


Blue Calypso v. Groupon (Fed. Cir. 2016)
2016-10-26 Final Written Decision in GoPro v. Contour IP Holding IPR2015-01080
2017-07-31 GoPro v Contour IP Holding Appellant Brief

2017-09-06 GoPro Contour IP Holding Appellee Brief

2017-09-25 GoPro v. Contour IP Holding Appellant Reply Brief


Contact for more information.

Committee Co Chairs

James Lampert, WilmerHale, Retired

Yvonne Lee, WilmerHale

N. Scott Pierce, Hamilton Brook Smith Reynolds

Valarie Rosen, Cabot Corporation
David Thibodeau, VLP Law Group

Boston Patent Law Association
One Batterymarch Park, Suite 101
Quincy, MA 02169
Phone: 617.507.5570

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