PTAB Permits "Do-Over" of Motion-to-Amend Briefing Following Aqua Products, PTAB Litigation Blog

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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 October 4, 2017, held that patent owners no longer bear the burden of persuading the PTAB that their amended claims are patentable. For further background, see our post on Aqua Products and subsequent posts on related developments following Aqua Products.

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