Jumping Into the Deep End: Amendment Practice Post-Aqua Products

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Jumping Into the Deep End: Amendment Practice Post-Aqua Products

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In this article published by Bloomberg Law's Patent, Trademark & Copyright Journal, authors David Cavanaugh and Michael Smith provide context for issues discussed in the Aqua Products decision, identify potential implications for practitioners, and provide perspectives on next steps for the PTO on motion to amend practice.

Excerpt: In the US Court of Appeals for the Federal Circuit's recent en banc decision in Aqua Products, a deeply fractured court provides a glimpse into the perspectives that some of the judges have on post-grant practice at the US Patent and Trademark Office (PTO). The decision addresses who should bear the burden of persuasion when a motion to amend is filed in an inter partes review. Read the full article.

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