Precedential: PTAB Will Rarely Identify MTA Unpatentability Grounds, PTAB Litigation Blog

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The PTAB may sua sponte raise unpatentability grounds based upon the prior art of record when reviewing a motion to amend. Nike, Inc. v. Adidas AG, 955 F.3d 45, 51 (Fed. Cir. 2020). It is now clear, however, that the PTAB will do so only in “certain rare circumstances.” Hunting Titan, Inc., v. Dynaenergetics Europe Gmbh, IPR2018-00600, Paper 67 at 4 (PTAB July 6, 2020) (precedential).

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