Federal Circuit Removes the Burden of Proving Patentability of Amended Claims During IPR Proceedings from Patentee

On October 4, 2017, in Aqua Products, Inc. v. Matal, No. 2015-1177 (Fed. Cir. Oct. 4, 2017) (en banc), a divided en banc court for the Federal Circuit issued a significant ruling that has the potential to make it far easier, and more common, for patent owners to amend their claims during inter partes review (“IPR”) proceedings. Specifically, the Federal Circuit held that the PTAB may not place on the patentee the burden of persuasion of proving patentability of amended claims submitted in an IPR, absent a USPTO rule directed to the issue. Continue reading