In Qualcomm Inc. v. Apple Inc., the US Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeal Board’s (PTAB) erroneous interpretation of 35 U.S.C. § 311(b), holding that applicant admitted prior art (AAPA) may be considered the “basis” of an inter partes review (IPR) challenge, and therefore prohibited by 35 U.S.C. § 311(b), even when combined with prior art patents or printed publications.
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AAPA Improper "Basis" of IPR Obviousness Challenge Even Though Combined with Prior Art Patents: Federal Circuit
