In doing so, the court upheld the Patent Office's practice of treating so-called secret springing art as "prior art patents and printed publications" under 35 U.S.C. § 311 (b) in IPRs.

Qualcomm Incorporated v. Apple Inc., No. 23-1208 (Fed. Cir. 2025)—On April 23, 2025, the Federal Circuit reversed the Patent Trial and Appeal Board’s finding that claims of Qualcomm’s U.S ...

The Board also said that “prior art consisting of patents or printed publications” includes AAPA because it is prior art contained in a patent. The Federal Circuit disagreed. The court explained: ...

Merck Patent GmbH (“Merck”) owns U.S. Patent No. 10,647,861 (the “’861 Patent”), which is directed to the composition of an additive flaking for paints, industrial and automotive ...