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Federal Circuit issues narrow en banc Aqua Products opinion

Michael Loney, New York

The long-awaited Aqua Products ruling is narrow – a result of different views on the judgment and the rationale that should be employed. The matter is remanded for the PTAB to consider the patentability of the proposed substitute claims without placing the burden of persuasion on the patent owner

Federal Circuit building 285The Federal Circuit has issued a 148-page opinion in its long-awaited Aqua Products v Matal en banc ruling.

The judgment is narrow because the judges had different views on the judgment the court should reach and the rationale it should...

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