Give PTAB Leeway In Rejecting Amendments, Top Panel Told

By Dani Kass (December 23, 2019, 6:28 PM EST) -- The Patent Trial and Appeal Board should be allowed to create its own reasoning for rejecting patent amendments in an inter partes review, but give the parties a chance to address those reasons, according to the majority of feedback offered to the board's precedent-setting panel.

The Precedential Opinion Panel had asked for feedback on whether the board was within its right to reject amendments to DynaEnergetics GmbH & Co. KG's fracking technology patent as anticipated, when challenger Hunting Titan Inc. had only said they were obvious. Additionally, the POP asked whether the PTAB was required to provide notice and an opportunity...

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