The Federal Circuit's ruling in Qualcomm Inc. v. Apple Inc. has established that Applicant Admitted Prior Art (AAPA) does not qualify as prior art under 35 U.S.C. § 311(b). The case arose from an IPR challenge regarding the '674 Patent, where the Patent Trial and Appeal Board initially accepted AAPA as valid prior art. However, the Federal Circuit clarified that using AAPA in conjunction with patents or printed publications does not make it compliant with the statute, thus limiting its application in IPR petitions.
In a recent decision, the Federal Circuit ruled that Applicant Admitted Prior Art cannot be used in IPR challenges without violating 35 U.S.C. § 311(b).
The Federal Circuit clarified that AAPA cannot be combined with patents or printed publications to support IPR challenges, maintaining strict compliance with statutory requirements.
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