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PTAB Permits “Do-Over” of Motion-to-Amend Briefing Following Aqua Products

PTAB Permits “Do-Over” of Motion-to-Amend Briefing Following Aqua Products

by Matthew Johnson | Mar 27, 2018 | Amendment Practice, PTAB Trial Basics

By: Josh Nightingale and Matthew Johnson In its en banc decision in Aqua Products, Inc. v. Matal, the Federal Circuit addressed the question of who bears the burden of proving that claims amended in IPR proceedings are or are not patentable.  The decision, issued on...
PTO’s Rehearing Petition in Bosch: Signaling Future Rulemaking After Aqua Products?

PTO’s Rehearing Petition in Bosch: Signaling Future Rulemaking After Aqua Products?

by Emily Tait | Feb 13, 2018 | Amendment Practice, Federal Circuit

By: Jason Garr and Emily Tait On February 5, 2018, the PTO filed a petition for rehearing of Bosch Auto. Serv. Sol’ns, LLC v. Matal, 878 F.3d 1027 (Fed. Cir., Dec. 22, 2017).  The petition asks the panel  “not . . . to alter its judgment, but only to clarify a...
PTAB Publishes Aqua Products Guidance Regarding Motions to Amend

PTAB Publishes Aqua Products Guidance Regarding Motions to Amend

by Matthew Johnson | Nov 24, 2017 | Amendment Practice

By Matt Johnson On November 21st, the PTAB issued guidance for motions to amend in post-grant trials based on the Federal Circuit’s en banc decision in Aqua Products, Inc. v. Matal, 872 F.3d 1290 (Fed. Cir. 2017).  In line with that decision, the PTAB will not place...
En Banc Federal Circuit Hears Arguments Concerning Claim Amendments In Post-Grant Proceedings: In re: Aqua Products

En Banc Federal Circuit Hears Arguments Concerning Claim Amendments In Post-Grant Proceedings: In re: Aqua Products

by John Marlott | Dec 13, 2016 | Amendment Practice, Federal Circuit Appeal

By John Marlott As we reported earlier (link), the en banc Federal Circuit is currently considering two important questions involving the PTO’s rules for claim amendments and the PTAB’s handling of motions to amend during IPR proceedings, In re: Aqua Products, Inc.,...
En Banc Federal Circuit Considering The Ground Rules For Claim Amendments In Post-Grant Proceedings: In re: Aqua Products

En Banc Federal Circuit Considering The Ground Rules For Claim Amendments In Post-Grant Proceedings: In re: Aqua Products

by John Marlott | Nov 8, 2016 | Amendment Practice, Federal Circuit Appeal

By John Marlott Claim amendments in IPRs are statutorily authorized by the AIA. 35 U.S.C. § 316(d)(1) provides that “[d]uring an inter partes review instituted under this chapter, the patent owner may file 1 motion to amend the patent in 1 or more of the following...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.