Civil Litigation,
Intellectual Property,
Corporate
Oct. 18, 2017
Ruling will affect patent litigation strategies
The U.S. Court of Appeals for the Federal Circuit recently addressed the burden of proving patentability of patent claims that are amended during inter partes reviews.
Eliot D. Williams
Partner
Baker Botts LLP
Email: eliot.williams@bakerbotts.com
Eliot is an Intellectual Property partner in the firm's Palo Alto and San Francisco offices.
Wayne O. Stacy
Partner
Baker Botts LLP
Email: wayne_stacy@yahoo.com
George Washington Univ LS; Washington DC
Wayne is an Intellectual Property partner in the firm's Palo Alto and San Francisco offices.
Sarah J. Guske
Partner
Baker Botts LLP
Phone: (415) 291-620
Email: sarah.guske@bakerbotts.com
UC Davis SOL King Hall; Davis CA
Sarah is an Intellectual Property partner in the firm's Palo Alto and San Francisco offices.
The U.S. Court of Appeals for the Federal Circuit recently issued a much-anticipated en banc opinion in Aqua Products, Inc. v. Matal, 2015-1177 (Fed. Cir. Oct. 4, 2017), addressing the burden of proving patentability of patent claims that are amended during inter partes reviews. The 11 participating judges issued five separate opinions adopting different reasoning, none of which commanded a complete majority. The result, for now, is that th...
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