PTAB Provides Notice Of Sua Sponte Motion to Amend Ground, PTAB Litigation Blog
The precedential ruling in Hunting Titan, Inc. v. DynaEnergetics Europe GmbH, IPR2018-00600, Paper 67 (PTAB July 6, 2020) allows the Patent Trial and Appeals Board (PTAB) to raise an issue regarding substitute claims that was not raised by the parties. When the PTAB supplements the case presented by the Petitioner, it should, according to Nike, Inc. v. Adidas AG, 955 F. 3d 45 (Fed. Cir. 2020), give notice to the parties so they can adequately respond, such as by discussing the issue at oral argument or in supplemental briefing.
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