Promising Signs For Patent Owners Amending At PTAB

In October of 2017, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision in Aqua Products Inc. v. Matal, holding that patent owners no longer bear the burden of proving patentability of their amended claims. Instead, the burden appears to be on the petitioner or, in some cases, is shared by the Patent Trial and Appeal Board.