The Federal Circuit Rejects Admitted Prior Art as the “Basis” for IPR Proceedings

Posted by Suresh Rav on Mar 9, 2022

Suresh Rav

Under 35 U.S.C. § 311(b), a Petitioner may seek to institute an IPR on grounds that “could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications.” The Federal Circuit (Nos. 2020-1558, 2020-1559) recently decided that admissions regarding the prior art made in the challenged patent, commonly referred to as Applicant Admitted Prior Art (“AAPA”), cannot be “the basis” of an IPR but may have other uses for patent challengers.

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Topics: "Federal Circuit", PTAB, Applicant Admitted Prior Art, AAPA

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