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Our Take Oct 9, 2017

The CAFC in AQUA PRODUCTS, INC. v MATAL recognized that "patent owners largely have been prevented from amending claims in the context of IPRs. A February 2017 study noted that the Board has only granted eight motions to amend in postissuance review proceedings (six in IPRs and two in CBM proceedings)."  As a result, after reviewing the five opinions in the case, the en banc court could only conclude that "(1) the PTO has not adopted a rule placing the burden of persuasion with respect to the patentability of amended claims on the patent owner that is entitled to deference; and (2) in the absence of anything that might be entitled deference, the PTO may not place that burden on the patentee."

Our Take: Hopefully this case will, at least, start the process of making post-grant trials more fair to patent owners. If anything, this decision further confirms that the current system remains completely biased in favor of petitioners and unfairly removes the property rights of patent owners.

Kasha Law LLC is an Intellectual Property law firm located in the Washington D.C. area.  The firm specializes in high quality patent preparation and prosecution before the United States Patent and Trademark Office.  The firm has significant experience in electrical engineering, software development, and bioinformatics.  The firm is well-suited to handle your most complex cases in these and other areas. 


October 4, 2017 - CAFC shifts the burden in post-grant motions to amend to the Petitioner.  AQUA PRODUCTS, INC. v MATAL 

September 19, 2017 - Patexia names Kasha Law as one of the top 50 law firms in Inter Partes Review (IPR) out of more than 5,000 attorneys.   Patexia Names the Top 50 Law Firms, Attorneys and Companies in IPR Intelligence Report