35 U.S.C. § 311(b). In Qualcomm Inc. v. Apple Inc., the Federal Circuit held that admitted prior art is not a patent or printed publication and, while usable, cannot form "the basis" of a challenge.

Secret springing prior art is not. The U.S. Court of Appeals for the Federal Circuit has long held that, to qualify as a "printed publication," a reference must be sufficiently accessible to the ...

In a recent appeal from the PTAB, the Federal Circuit held that claims of a patent were inherently anticipated where the patent and prior art incorporated the same reference to describe a process ...

The Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) final written decision holding that the prior art exception of AIA Section 102(b)(2)(B) does not apply to a prior sale by an ...