February 11, 2022
Fitch Even partner Nikki Little was quoted in the February 9 issue of Law360 in an article discussing the Federal Circuit’s recent ruling in Qualcomm v. Apple that applicant admitted prior art (AAPA) cannot be used as a basis for invalidating a patent.
In the article, “Fed. Circ. Raises The Bar For 'Admitted' Prior Art In IPRs,” Nikki comments that “petitioners will have to revise how they approach the relationship between AAPA and prior art.” She goes on to say that “Rather than patent owners and petitioners fighting over ‘Is [AAPA] the basis of [the challenge], I think petitioners will get smart very quickly and will phrase it as, ‘This is the knowledge in the art,’ and patent owners will push back and say, ‘You’re still improperly making it the basis of your challenge.”
The article can be read in its entirety on the Law360 website (sub. req.).
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