 Patent Law Weblog By Kevin E. Noonan -- Received wisdom is that inter partes review proceedings are limited to prior art as defined by patents and printed publications. But in recently decided Shockwave Medical, Inc. v. Cardiovascular Systems, Inc., another prior art species, applicant-admitted prior art (AAPA), played a strong role in helping the Petitioner satisfy the burden of showing that the challenged claims were obvious. The case arose as an inter partes review challenging all claims of U.S. Patent No. 8,956,371, directed to devices for treating atherosclerosis through intravascular lithotripsy ("IVL") (thus giving the Court the opportunity to explain several polysyllabic medical...
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