What Ethernet Patent Ruling Means For Claim Amendments

By Ben Pleune and Karlee Wroblewski (October 5, 2020, 4:09 PM EDT) -- Continuation practice is as popular as ever at the U.S. Patent and Trademark Office. This is due, at least in part, to the potential for patent challenges before the Patent Trial and Appeal Board.

This is often seen as an advantage to the patent owner, permitting flexibility with a future, perhaps narrower claim scope that can be used to combat the negative consequences of a successful post-grant review or inter partes review, and it often presents an easier avenue for modifying claim scope than amendments at the PTAB.

The amendment procedures of the PTAB are notoriously unsuccessful. Recently, the PTAB reviewed...

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