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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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