IPR PTABCast: aqua products v. pTO
Summary: Patent Owners Can Breathe (A Little) Easier.
In IPR (inter partes review), a patent is being attacked is invalid. One move a patent owner can make is to narrow some claims so they are not found invalid. Until now, the PTO made this very difficult by requiring the patent owner to prove the narrower claims are patentable. Now, the Federal Circuit stepped in and shifts that heavy burden off of the patent owner and on to the petitioner who is challenging the patent. This is good news!
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