Partner Steve Maebius was quoted in “Petitioners Must Prove Unpatentability of Amended Claims in IPR,” published in the World Intellectual Property Review, about a recent U.S. Court of Appeals for the Federal Circuit decision, Aqua Products v Matal, which overturned a Patent Trial and Appeal Board ruling that had required patent owners to show the patentability of their amended claims in inter partes review.
Maebius told WIPR that “an outright reversal of the PTAB on this issue could substantially increase the workload for the PTAB, shifting its role more in the direction of having to examine and assess patentability of claims proposed by a patent owner.”
A reversal would be welcomed by patent owners, he added, who feel that the current bar is set too high.
