In the U.S. Court of Appeals for the Federal Circuit’s recent en banc decision in Aqua Products, a deeply fractured court provides a glimpse into the perspectives that some of the judges have on post-grant practice at the U.S. Patent and Trademark Office (PTO). The decision addresses who should bear the burden of persuasion when a motion to amend is filed in an inter partes review.
Originally published in Bloomberg BNA’s Patent, Trademark & Copyright Journal, 95 PTCJ 81, 11/17/2017.
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