Federal Circuit issues narrow en banc Aqua Products opinion

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Federal Circuit issues narrow en banc Aqua Products opinion

October 04 2017
Federal Circuit 165

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

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