Petitioner Must Prove Amended Claims Are Not Patentable, Federal Circuit Says

(October 5, 2017, 7:44 AM EDT) -- WASHINGTON, D.C. — In a case that spawned five separate decisions, a divided en banc Federal Circuit U.S. Court of Appeals on Oct. 4 vacated and remanded a denial by the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board of a patent owner’s motion to amend challenged claims in an inter partes review (IPR) because the board erroneously placed the burden of proving patentability of the amended claims on the patent owner (Aqua Products Inc. v. Joseph Matal, No. 15-1177, Fed. Cir., 2017 U.S. App. LEXIS 19293)....

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