Intellectual Property LitigationLewis R. Clayton and Eric Alan Stone, New York Law Journal
Claim Amendments: Who Should Bear the Burden of Proving (Un)patentability?
Intellectual Property Litigation columnists Lewis R. Clayton and Eric Alan Stone write: Given the infrequency with which patent owners succeed in amending or substituting for challenged claims, shifting the burden of proving (un)patentability to the petitioner, as was argued before the Federal Circuit on Dec. 9, might have a significant effect on Inter Partes Review practice. We therefore report here on the pending appeal in 'Aqua Products' and the current state of the law, and we offer suggestions for practitioners.
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