PTAB Publishes Aqua Products Guidance Regarding Motions to Amend, PTAB Litigation
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 the burden of persuasion on a patent owner with respect to the patentability of substitute claims presented in a motion to amend.
Read the full article at ptablitigationblog.com.