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Petitioners Bear Burden Of Proving Claims Amended During IPR Unpatentable . . . For Now, PTAB Litigation Blog

October 2017

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In yesterday’s decision in Aqua Products, Inc. v. Matal, No. 15-1177 (Fed. Cir. Oct. 4, 2017) (en banc), the Federal Circuit issued five opinions, spanning 148 pages, addressing the question of who bears the burden of proving that claims amended during IPRs are or are not patentable, and holding that the burden of persuasion with respect to the patentability of such amended claims is on the petitioner in an IPR.

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