"Amendments in IPRs? Welcome Back to the Future."

October 25, 2017

Van Lindberg, San Antonio-based senior counsel in Dykema’s Intellectual Property Practice Group, has authored the IPWatchdog article, “Amendments in IPRs? Welcome Back to the Future.”

In his cogent analysis of the contentious Fed. Cir. opinion, Aqua Products, Inc. v. Matal, Lindberg explains how the decision changes the IPR (Inter Partes Review) guidelines, which replaced the Inter Partes Reexamination procedures in 2011 after the passage of the America Invents Act. The issue in question is whether the burden of responsibility in challenging or defending the patentability of an amended patent claim rests with the petitioner or the patent owner.

The full IPWatchdog article may be read here.