Posts Tagged: "Sirona Dental Sys. v. Institut Straumann"

Burden to Prove Patentability of Proposed Amended Claims Improperly Shifted to Patent Owner in IPR

The Federal Circuit found that substantial evidence supports the Board’s conclusion that a person of ordinary skill in the art would have been motivated to combine the references… Regarding Sirona’s contingent motion to amend, the Board’s final written opinion, which issued prior to the Court’s en banc Aqua Products decision, improperly placed the burden on Sirona to demonstrate that the proposed substitute claims were patentable. Accordingly, the Federal Circuti vacated the Board’s denial of the motion and remanded for reconsideration in light of Aqua Products.