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Analysis: Was the Federal Circuit’s Aqua Products opinion a wash out?

Michael Loney, New York


The Federal Circuit’s en banc Aqua Products v Matal ruling has been described as “a complete non-event” and “a real mess” that “did little to resolve the big questions” surrounding the PTAB's treatment of motions to amend. However, it did shift the burden of persuasion to the petitioner, while some believe the Chevron implications of the decision are most interesting

The Federal Circuit’s 148-page Aqua Products v Matal en banc opinion was a long time coming. Oral arguments took place in December 2016.

The unusually long wait suggested that the eventual ruling would be complicated. This...


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Federal Circuit’s Brunetti ruling: barring immoral or scandalous marks is unconstitutional restriction of free spee… https://t.co/MivCKFINHg

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Federal Circuit rules in Amgen v Sandoz on remand from SCOTUS https://t.co/uYIkfVhCHG https://t.co/2OZAscsz32

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RT @mdloney: Canada moves closer to joining the Hague Agreement with the release of proposed new Industrial Design Regulations https://t.co

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