The Use of Applicant Admitted Prior Art in IPR Petitions

The Use of Applicant Admitted Prior Art in IPR Petitions

Publication

In this article published by Bloomberg BNA's Patent, Trademark & Copyright Journal, Don Steinberg, Yung-Hoon Ha and Liv Herriot explore how the Patent Trial and Appeals Board has considered Applicant Admitted Prior Art (AAPA) when a petitioner has relied upon it as part of one or more of its grounds in its IPR petition requesting the Board invalidate a patent. The authors provide recommendations for both petitioners and patent owners based on how the Board has decided on this issue.

Admissions made by the patentee, either in the patent specification or during the course of prosecution, identifying a particular work as ''prior art'' can be relied upon for both anticipation and obviousness determinations. Read the full article

Authors

Notice

Unless you are an existing client, before communicating with WilmerHale by e-mail (or otherwise), please read the Disclaimer referenced by this link.(The Disclaimer is also accessible from the opening of this website). As noted therein, until you have received from us a written statement that we represent you in a particular manner (an "engagement letter") you should not send to us any confidential information about any such matter. After we have undertaken representation of you concerning a matter, you will be our client, and we may thereafter exchange confidential information freely.

Thank you for your interest in WilmerHale.