Precedential Decisions - Penumbra, Inc. v. RapidPulse, Inc., IPR2021-01466, Paper 34 (March 10, 2023) (designated: November 15, 2023) (regarding prior art status under.
I enjoy all aspects of patent law and am always happy to get involved in all kinds of different matters, ranging from district court and ITC litigation, to PTAB proceedings.
Jessica recently joined Arnold & Porter's IP practice in March 2022 after more than seven years as an administrative patent judge (APJ) with the Patent Trial and Appeal Board (PTAB).
Under 35 U.S.C. § 311(b), a Petitioner may seek to institute an IPR on grounds that "could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications."
In Qualcomm, Inc. v. Apple, Inc., No. 20-1558 (Fed. Cir. Feb. 1, 2022), the Federal Circuit concluded that a patentee's admissions concerning the content of the prior art, contained in the specification of the challenged patent.