Edited by Shannon M. Patrick; Amanda K. Murphy, Ph.D.
Following the Federal Circuit's decision in Qualcomm Inc. v. Apple Inc., 24 F.4th 1367 (Fed. Cir. 2022), on June 9, 2022, the USPTO Director Katherine K. Vidal issued an updated guidance memorandum to supersede the prior August 18, 2020 guidance on the treatment of applicant statements during an IPR .
Section 311(b) limits the prior art that may be used as "the basis" of an IPR proceeding to "patent[s] or printed publications." However, IPR petitions sometimes rely on statements in the...
