An article by Monica Grewal, James Hill and Zachary Piccolomini, published in Law360 on May 19, 2016, reviews statistics and relevant case law to survey the development of motion to amend practice, while recommending tips for a successful motion to amend.
The America Invents Act permits patent owners to move to amend claims of a patent subject to inter partes review. However, attempts to amend claims have been largely unsuccessful to date, and some of the hurdles patent owners face are not set forth in the rules. Read the full article.