Analysis

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

Law360 (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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!