CAFC Holds that IPR Petitioner Bears the Burden of All Propositions of Unpatentability

The U.S. Court of Appeals for the Federal Circuit (CAFC) rendered its en banc decision in Aqua Products v. Matal. In IPR proceedings, the PTO has imposed certain requirements on Patent Owners who try to amend claims during the IPR proceeding. Specifically, the PTO has required Patent Owners to show that the claims (as amended) would be patentable. This has proven to be a very difficult burden to satisfy, and as a result, the PTO has generally refused Patent Owners’ attempts to amend claims. Indeed, in the Aqua Products case attached, in the IPR proceeding, the PTO has denied Aqua Products motion to amend its claims…

If you want to receive the full article please subscribe to case updates above.