Law360, New York (May 5, 2015, 10:21 AM EDT) -- In America Invents Act trials, patent owners have found it virtually impossible to amend claims via a motion to amend. Judge Pauline Newman of the Court of Appeals for the Federal Circuit, in her recent In Re Cuozzo dissent, observed that "the ability to amend claims in Inter Partes Review proceedings, as administered by the PTO, is almost entirely illusory."[1] Acknowledging this trend, U.S. Patent and Trademark Office Director Michelle K. Lee published in the Director's Forum that new rule packages are to be expected in the spring of 2015, with some rules aimed at easing the hurdles faced by patent owners attempting to amend claims. But a recent rehearing decision, granting an opposed motion to amend, in Chicago Mercantile Exchange Inc. v. 5th Market Inc. (CBM2013-00027) ("CME") provides additional useful guidance to patent owners seeking to amend their claims to address non-prior art based rejections....