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Aqua Products, Inc. v. Matal
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October 13, 2017
Fed. Circ. Fracture On Deference Puts USPTO In Tough Spot
The en banc Federal Circuit’s deeply divided decision last week on when U.S. Patent and Trademark Office interpretations of statutes are entitled to deference makes it hard for the office and litigants to know if current and future patent regulations will withstand appellate review, experts say.
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October 04, 2017
Fed. Circ. Amendment Ruling Ups Patent Owners' AIA Odds
Patent owners will have a better shot at amending patent claims in America Invents Act reviews and avoiding invalidity decisions under Wednesday's long-awaited Federal Circuit ruling, although attorneys said that amendments might still be a challenge to obtain.
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October 04, 2017
Fed. Circ. Makes It Easier To Amend Patents In AIA Reviews
The full Federal Circuit on Wednesday set an easier path for amending patents in America Invents Act reviews, discarding U.S. Patent and Trademark Office rules that had put the burden on patent owners to show that their proposed claims are patentable.
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December 09, 2016
USPTO Grilled Over Patent Amending Rules At Fed. Circ.
Federal Circuit judges sitting en banc probed a Patent Trial and Appeal Board rule Friday that makes it more difficult for patent owners to amend challenged patent claims, questioning whether the measure runs counter to the America Invents Act.
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December 08, 2016
Fed Circ. Could Make Claim Amendment In AIA Reviews Easier
One of the more contentious topics in patent law of late will be in front of the Federal Circuit on Friday when the full court hears arguments involving an Aqua Products pool cleaner patent, which the company previously asserted in litigation, that could make it easier for patent owners to amend their claims in America Invents Act reviews.
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November 14, 2016
AIA Burden Of Proof Falls On Challenger, Fed Circ. Told
A patent holder challenging the Patent Trial and Appeal Board's patent amendment rules for America Invents Act proceedings told the full Federal Circuit Thursday that policy arguments by the U.S. Patent and Trademark Office insufficient when compared with the literal meaning of the statute.
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November 08, 2016
Patent-Quality Org Backs PTAB Amendment Regs At Fed. Circ.
An advocacy group that focuses on patents in the financial services industry has waded into the debate over the Patent Trial and Appeal Board's controversial rule governing amendments to patents in America Invents Act reviews, telling the full Federal Circuit the current regulation is in line with congressional intent.
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November 03, 2016
PTAB Amendment Regs Protect Patent System, Fed. Circ. Told
The Internet Association and other tech heavyweights urged the full Federal Circuit Wednesday to find that the Patent Trial and Appeal Board can put the burden of proof on patent owners seeking to amend patents as part of America Invents Act reviews, arguing the rule furthers Congress' desire to weed out bad patents.
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October 26, 2016
Owners Must Justify Patent Changes, USPTO Tells Fed. Circ.
The U.S. Patent and Trademark Office may place the burden of proof on patent owners seeking to amend patents as part of America Invents Act reviews, the agency told the full Federal Circuit on Wednesday in a dispute over a denied bid to amend a pool cleaner patent.
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September 28, 2016
PTAB Has It Backwards On Amendments, Full Fed. Circ. Told
A patent owner has kicked off briefing before the full Federal Circuit on the Patent Trial and Appeal Board's rules for amending patents in America Invents Act reviews, arguing that the PTAB wrongly puts the burden of proof on the patent owner, not the other way around as Congress intended.