Lucas Silva Discusses Federal Court Decision on Applicant Admitted Prior Art in IPRs

09 February 2022 Law360 News

Foley & Lardner LLP Partner Lucas Silva is quoted in a Law360 article titled, “Fed. Circ. Raises The Bar For 'Admitted' Prior Art In IPRs,” about the Federal Circuit's decision in Qualcomm v. Apple that applicant admitted prior art (AAPA) cannot be used as the basis of an obviousness or anticipation challenge to a patent.

"[This decision] helps us to understand where the line is between relying on something as a ground for invalidity versus just relying on something to illustrate what a person of ordinary skill would have known," said Silva.

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