Leahy Tells Justices Apple-Qualcomm Ruling Threatens AIA

By Dani Kass (December 21, 2021, 5:38 PM EST) -- The Federal Circuit's refusal to let Apple appeal its Patent Trial and Appeal Board loss against Qualcomm because it had a temporary license to the challenged patents is a "red flag" that the U.S. Supreme Court must address, according to Sen. Patrick Leahy and Rep. Darrell Issa.

The Democratic senator from Vermont and Republican representative from California on Monday said in an amicus brief Monday the Federal Circuit is undermining the Leahy-Smith America Invents Act — which they both sponsored — by taking away Apple's ability to appeal inter partes review decisions upholding Qualcomm's patents, especially as Apple has been accused...

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