Analysis

Fed. Circ. Raises The Bar For 'Admitted' Prior Art In IPRs

By Dani Kass (February 9, 2022, 9:01 PM EST) -- Petitioners at the Patent Trial and Appeal Board will no longer be able to use so-called applicant admitted prior art as a basis for invalidating a patent after a Federal Circuit decision against Apple last week, leaving those arguing in inter partes reviews to come up with new strategies.

The Federal Circuit's Feb. 1 decision in Qualcomm v. Apple saw the appeals court present, for the first time, its view that applicant admitted prior art cannot be used as the basis of an obviousness or anticipation challenge to a patent. The prior art required for those challenges is still limited, by statute, to other patents and printed...

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