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Expert Analysis

Aqua Products: Watershed Decision Or Barely A Ripple?

By Naveen Modi, Joseph Palys, Igor Timofeyev, Phillip Citroën and Howard Herr ( October 16, 2017, 1:11 PM EDT) -- Upending the current motion-to-amend practice before the Patent Trial and Appeal Board, a deeply fractured en banc Federal Circuit in Aqua Products Inc. v. Matal, No. 2015-1177 (Fed. Cir. Oct. 4, 2017), has shifted the burden of persuasion onto petitioners to establish the unpatentability of amended claims proffered by patent owners during inter partes review proceedings. Under the PTAB's current practice, patent owners have faced great difficulty in successfully amending claims in IPR proceedings. That may change in light of the Federal Circuit's ruling in Aqua Products....

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