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The Narrow Semantic Line on AAPA: Federal Circuit's Latest Take in Shockwave
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The Narrow Semantic Line on AAPA: Federal Circuit's Latest Take in Shockwave
by Dennis Crouch The Federal Circuit's decision in Shockwave Medical, Inc. v. Cardiovascular Systems, Inc., No. 2023-1864 (Fed. Cir. July 14, 2025) makes good on the court's overly-semantic approach to defining the "basis" of inter partes review proceedings -- especially with reference to applicant-admitted-prior-art (AAPA). Recall that under 35 U.S.C. § 311(b) IPRs can be filed "only on the basis of prior art consisting of patents or printed p…
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