05
Oct
By Rick Torczon and Sonja Gerrard | Wilson Sonsini Goodrich & Rosati
On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision in Aqua Products, Inc., v. Matal, finding that the petitioner has the burden of proving the unpatentability of claims—even amended claims—entered in an inter partes review (IPR).
This decision overrules earlier Federal Circuit decisions finding that the burden rested on the patent owner to prove patentability of amended claims and will...