Fed. Circ. Grills USPTO Over POP Amendment Decision

By Britain Eakin (November 1, 2021, 7:30 PM EDT) -- A Federal Circuit panel raised concerns Monday about the implications of a decision by the Patent Trial and Appeal Board's precedent-setting panel to allow DynaEnergetics to amend claims in an oil drilling patent.

A three-judge panel was simultaneously considering DynaEnergetics' appeal of an August 2019 PTAB decision that invalidated the original claims in DynaEnergetics' patent and denied its motion to amend, along with Hunting Titan's appeal of a July 2020 Precedential Opinion Panel ruling that later allowed amendment.

The POP had found that the board impermissibly relied on an invalidity argument Hunting Titan didn't specifically raise to deny DynaEnergetics' motion to...

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