Federal Circuit: Applicant Admitted Prior Art Can be Used as “Background Art” to Supply Missing Claim Limitations in an IPR Without Violating § 311(b)

July 25, 2025 Federal Circuit, IPRs, Patent Litigation, Patent Law

Earlier this year, the Federal Circuit’s decision in Qualcomm Inc. v. Apple Inc. (Qualcomm II) raised questions about the extent to which petitioners can rely on applicant admitted prior art (“AAPA”) in inter partes review proceedings.  The Federal Circuit’s recent decision in Shockwave Medical, Inc. v. Cardiovascular Sys., Inc. largely cabins the Qualcomm II decision to its particular facts and makes clear that AAPA can be used as evidence of background knowledge as part of an obviousness argument.

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