In In re Aqua Products, Inc., No. 2015-1177, the Federal Circuit is revisiting en banc its prior precedent upholding the Patent Trial and Appeal Board’s approach of allocating to the patentee the burden of showing that a proposed amended claim in an IPR would overcome the art of record.[i]
The PTO has promulgated…
The question of whether PTAB trials are litigation-like or examination-like (or some hybrid of the two) has been implicated on several occasions. The most recent one is in the In re Aqua en banc hearing Order. No. 2015-1177 (Fed. Cir. Aug. 12, 2012). While the PTAB has repeatedly stated it does not examine proposed amended…
