IP lawyer: Heavy burden lifted from patent owners’ shoulders – for now

By Nathan Mammen

The Federal Circuit’s ruling in Aqua Products serves as a short-term win for patent owners in inter partes review proceedings, but numerous long-term questions remain unanswered

On October 4 2017 the Court of Appeals for the Federal Circuit handed down its en banc opinion in Aqua Products Inc v Joseph Matal, addressing who has the burden of proof when a patent owner proposes amended claims in an inter partes review proceeding before the US Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB). Perhaps the most remarkable aspect of the 148-page...

Issue 88

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Issue 88