PTAB Stands By Using Patent Admissions As Prior Art

Law360 (April 5, 2019, 9:48 PM EDT) -- The Patent Trial and Appeal Board won’t consider reviving a Chamberlain Group Inc. garage door opener patent it partially invalidated, standing firm on its decision to use a piece of prior art disclosed in the same patent to help invalidate it.

Chamberlain had argued that Federal Circuit precedent forbids the use of this so-called applicant admitted prior art, or AAPA, in inter partes reviews. But the board said Thursday it didn’t have to look at the Federal Circuit because the disclosure fell squarely into the definition of prior art.

“Our conclusion that AAPA is eligible for use in inter partes review...

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