In Veritas Technologies LLC v. Veeam Software Corporation, the Federal Circuit concluded that the PTAB erred in denying Patent Owner’s motion to amend claims in an IPR proceeding and remanded to the PTAB for further consideration of the substitute
Motions to amend
New PTAB Rules Take Effect May 2, 2016
The Patent Office has published a final rule with amendments to 37 CFR § 42, et seq., governing IPR, CBM, PGR, and derivation proceedings before the Patent Trial and Appeal Board. The new rules take effect Monday, May 2,…
Federal Circuit re-affirms and clarifies PTAB rules for motions to amend claims
In Nike, Inc. v. Adidas AG, the Federal Circuit re-affirmed the PTAB’s requirement that in IPR proceedings the Patent Owner must show the patentability of proposed substitute claims over both the prior art of record in the IPR and…
PTAB offers Patent Owners a “sense of comfort” in making motions to amend
Much discussion has followed the PTAB’s June 11, 2013 opinion in Idle Free Systems, Inc. v. Bergstrom, Inc., IPR2012-00027, Paper 26. The main controversy has been the language included in the opinion stating that in motions to amend,…
Federal Circuit addresses use of BRI standard and motions to amend claims in IPRs
In Microsoft Corp. v. Proxyconn, Inc., — F.3d —, 2015 WL 3747257 (Fed. Cir. June 16, 2015), the Federal Circuit once again affirmed that the broadest reasonable interpretation (“BRI”) standard of claim construction applies in IPRs, providing further…
PTAB grants motions to amend claims
In the Riverbed Tech., Inc. v. Silver Peak Sys., Inc. cases, the PTAB was presented with motions to amend the claims of the patents at issue. The PTAB, in granting the motions in part, discussed its rationale and provided guidance…