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Federal Circuit en banc considers motions to amend in Aqua Products

Natalie Rahhal, New York

During oral arguments for In re: Aqua Products, the Federal Circuit sitting en banc considered the burden of proof in motions to amend before the PTAB. Natalie Rahhal analyses the likely outcomes when the appeals court issues its decision in the case

On December 9, the Federal Circuit en banc heard arguments in In re: Aqua Products. In the hearing, Aqua and the USPTO each made their cases for where the burden of proof should lie in determinations of motions to amend...

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