Posts Tagged: motion to amend


Where is the Federal Circuit on Aqua Products?

More than six months have passed since the en banc rehearing in Aqua Products without a decision from the Federal Circuit. It could be an indication that …

Curing the PTAB: How 3 Fixes Will Make a Better, Fairer Process

When the America Invents Act (AIA) was being formulated, from about 2005 – 2011, nothing was more subject to change bill-to-bill than the proposed “1st look” and “2nd look” procedures …
By John White
7 months ago 8

Argument in Aqua Products Hints that Federal Circuit May Change PTAB Amendment Practice

Overall, a significant number of the eleven judges present for argument hinted through their questioning that they thought the PTO’s rulemaking was problematic.... The PTO’s …
By Paul Margulies
8 months ago 0

Federal Circuit’s En Banc Review in Aqua Products Could Upend PTAB Amendment Practice

On December 9, 2016, the en banc Federal Circuit will hear argument in In re Aqua Products, Inc. on an issue that has long been troubling patent owners involved …
By Paul Margulies
8 months ago 4

New legislation is not needed to fix post grant procedures at the PTO

The enumerated problems with the post grant procedures could be bettered by both the courts and the USPTO. The courts have had an opportunity to change the …
By Robert Stoll
11 months ago 8

PTAB arbitrary and capricious in denying motion to amend in IPR

In the final decision by the Board in the IPR, the Board denied the patent owner’s motion solely because the patent owner did not discuss whether …
By Gene Quinn
11 months ago 5

Patent Office Defends PTAB Denying Motions to Amend

Don't let the Patent Office fool you. If they wanted to offer patent owners procedural opportunities to fully and fairly engage in an amendment process for patents …
By Gene Quinn
1 year ago 40

Patent Office amends PTAB Trial Practice Rules

Last week, on Friday, April 1, 2016, the United States Patent and Trademark Office published a final rules in the Federal Register. These newly minted final rules, which become …
By Gene Quinn
1 year ago 8

Federal Circuit Vacates Board’s IPR Decision on Patentability of Substitute Claims

Finally, the Court held that the Board’s denial of Nike’s motion to amend for failure to show patentable distinction over “prior art not of record …