Kilpatrick Townsend

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Promising Signs For Patent Owners Amending At PTAB

Law360

March 21, 2019

Written by Justin L. Krieger and Christopher Thomas

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.

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Justin L. Krieger

Partner

Denver, CO

jkrieger@kilpatricktownsend.com

Christopher Thomas

Associate

Washington, DC

christopher.thomas@kilpatricktownsend.com