Last month, in Qualcomm, Inc. v. Apple Inc., No. 2020-1558, 2029-1559, 2022 U.S. App. LEXIS 2836 (Fed. Cir. Feb. 1, 2022), the Federal Circuit enforced the literal language of the relevant statute and held that a petition for inter partes review (IPR) cannot challenge the validity of a patent on the basis of “applicant admitted prior art.” The ruling is significant because it could create practical difficulties for persons trying to invalidate a patent through the IPR process, and sets forth a test that could require further clarification from the court, as explained below.
