In a recent decision invalidating numerous claims of a patent related to cochlear implants for hearing loss, the PTAB found that Petitioner improperly relied on applicant admitted prior art (AAPA) as the "basis" for one asserted ground, and then refused to consider that ground on the merits because "we lack the statutory authority to find claims unpatentable on the basis of AAPA . . . ." See MED-EL Elecktromedizinische Gerate Ges m.b.H. v. Advanced Bionics AG, IPR, IPR202-01016, IPR2021-00044, Paper 42 at 46 (PTAB Mar. 31, 2022).
Read the full article at ptablitigationblog.com.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
