Qualcomm, Apple Spat Raises Patent Prior Art Issue at Fed. Cir.

Qualcomm Inc. drew the avid attention of a Federal Circuit panel at oral argument in its appeal of an agency decision invalidating its semiconductor patent based on admissions made in the patent itself.

The Patent Trial and Appeal Board accepted Apple Inc.‘s challenge that U.S. Patent No. 8,063,674 is obvious. But Qualcomm argues the U.S. Court of Appeals for the Federal Circuit should reverse the decision because Apple’s petition was based on disclosures Qualcomm made in the patent.

The America Invents Act gives the board authority in inter partes review proceedings to review the patentability of challenged claims “only ...