Fed. Circ. Ruling Lets PTAB Keep Close Eye On Amendments

By Ryan Davis (April 15, 2020, 8:47 PM EDT) -- A recent Federal Circuit decision that the Patent Trial and Appeal Board can devise its own reasons for rejecting proposed amended patent claims will ensure that amendments aren't issued without close scrutiny, while still letting patentees make the case that the changes should be allowed.

In a ruling last week involving Nike and Adidas, the appeals court held that when the PTAB decides whether to grant a patent owner's motion to amend claims, it can base its reasoning on more than just the invalidity arguments made by the party challenging the patent.

The board can look at the evidence in the...

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