PTAB Will Not Hear AAPA-Basis Grounds PTAB Litigation Blog

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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). 

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