IPR Claim Amendments In The Wake Of Aqua Products

By James Glass and ​​​​​​​Richard Lowry (March 5, 2018, 12:26 PM EST) -- Late last year, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision in Aqua Products Inc. v. Matal, 872 F.3d 1290 (Fed. Cir. 2017), which addressed the burden of proof that the Patent Trial and Appeal Board applies when considering the patentability of substitute claims presented in a motion to amend. In its decision, the court reversed a long-standing practice requiring that patent owners in an inter partes review proceeding prove that proposed substitute claims are patentable. Instead, the court found that patent owners initially carry only a burden of production to satisfy the requirements of...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!