In re Lister
United States Court of Appeals for the Federal Circuit
583 F.3d 1307, 92 U.S.P.Q.2d 1225 (2009)
Dr. Richard Lister (plaintiff) drafted a manuscript outlining a new method of playing golf. He obtained registration of the manuscript with the United States Copyright Office on July 18, 1994. The Copyright Office kept a copy of the manuscript on file and available for public inspection upon request. There were two databases available for searching for the manuscript. On August 5, 1996, Lister filed an application to patent the manuscript with the United States Patent and Trademark Office (USPTO). Lister made an information disclosure statement (IDS) to the USPTO stating that the information contained in the databases available for searching the Copyright Office’s archives “comes directly from the Library of Congress.” The IDS contained no information—and the government did not provide any evidence at trial—with respect to specific dates the manuscript became available on the databases. Nor did the government present evidence with respect to the general practices of the databases with respect to cataloging information from the Copyright Office. The USPTO examiner rejected Lister’s application on novelty grounds, finding that the manuscript was a publicly accessible printed publication due to Lister’s registration with the Copyright Office. The Board of Patent Appeals and Interferences (Board) affirmed. Lister appealed.
Rule of Law
Holding and Reasoning (Prost, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 711,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 711,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.