Aqua Products, Inc. v. Matal
United States Court of Appeals for the Federal Circuit
872 F.3d 1290 (2017)
Relevant factsFree
The Patent Trial and Appeal Board denied Aqua's (plaintiff) motion to amend its patent claims during inter partes review, finding that although Aqua's amendments technically complied with the law, Aqua failed to affirmatively prove the substitute claims were patentable; a Federal Circuit panel initially upheld this burden allocation based on prior precedent, and Aqua sought en banc rehearing.
IssueFree
Whether Section 316(e) of the Leahy-Smith America Invents Act requires patent owners to prove the patentability of amended claims offered during inter partes review.