Fed. Circ. May Loosen Standard For Claim Amendments In IPR

Law360, New York (May 6, 2015, 10:21 AM EDT) -- Even though hundreds of motions to amend have been filed before Patent Trial and Appeal Board panels, only one opposed motion has ever been granted (and then only in part). As these decisions reach the Federal Circuit, appellate judges have questioned the validity of the PTAB’s requirements effectively neutralizing patentees’ ability to amend their claims and avoid an unpatentability ruling. According to Judge Pauline Newman, “It is reported that the ability to amend claims in Inter Partes Review (IPR) proceedings, as administered by the PTO, is almost entirely illusory.” In re Cuozzo Speed Technologies LLC, 778 F.3d 1271, 1291 (Fed. Cir. 2015)...

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