Federal Circuit issues narrow en banc Aqua Products opinion

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

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

Unlock this content.

The content you are trying to view is exclusive to our subscribers.

To unlock this content:

Request Access or Login

Topics

United StatesNewsPatentsNorth AmericaJurisdictions
more from across site and SHARED ros bottom lb

More from across our site

Trademarks
shutterstock_2081393152.jpg
Sports IP boom draws law firm investment
Firms with established sports relationships and specialised expertise are well positioned to capture the market’s expanded pool of IP work
Sanjana Mishra, August 20 2026
Patents
GP.jpg
‘A system that remembers context’: inside ZeusIP’s AI gamble
Gunjan Paharia discusses developing RIA, an AI platform built to draw on decades of institutional knowledge, support junior lawyers, and reshape how legal teams work
Sukanya Sarkar, August 20 2026
Patents
Canada.jpg
Canada powers IPH profit growth as revenue gains remain subdued
A strong Canadian business helped lift profits, but the IP service group's latest results underline the pressure facing its operations in Australia, New Zealand and parts of Asia
Sukanya Sarkar, August 20 2026
Patents
Xia Jerry Profile Photo.jpg
How GEN Law Firm became a litigation powerhouse in China
Wins in court have been key to the six-year-old firm’s growth, as one of its founders explains
James Nurton, August 20 2026
Patents
Hiroshi_TAMURA2.jpg
Keeping up with change: six decades of success at Aoyama & Partners
The firm’s co-CEO discusses patent litigation, collaboration with overseas colleagues and the next generation of leaders
August 19 2026
Trademarks
shutterstock_1649169775.jpg
Why global IP litigants keep turning to English courts
Two recent decisions demonstrate the courts’ creativity in cutting-edge IP disputes that tested their jurisdictional powers
August 19 2026
Copyright
Aishani.png
Invest the time: Aditi Verma Thakur on building trust and partnerships
Aditi Verma Thakur, managing partner at Aishani Partners, discusses 5 am wake-ups, working with high-performing professionals and staying calm under pressure
August 19 2026
Patents
Edvalson_Ian_PRINT (002) (1).jpg
‘The opportunity to keep building’: Paul Weiss IP partner
After more than three decades at Wilson Sonsini, Ian Edvalson explains why he moved to expand his life sciences transactional practice
Sanjana Mishra, August 18 2026
Patents
Business,Concept,recruitment,headhunting,start,Up,And,Human,Resources,Concept,With,Bulk,Of
Beyond the headlines: Why US firms are choosing teams over star laterals
While individual lateral hires and full-scale mergers remain popular options to scale a firm’s IP practice, recent activity indicates that a third option is proving successful
Sanjana Mishra, August 17 2026
Patents
Untitled design (35).png
Behind the case: How DoorDash beat a patent asserted against more than 100 companies
Lead King & Spalding trial lawyer says that while this is the first IP litigation defence victory for DoorDash, it certainly won’t be the last
Sanjana Mishra, August 14 2026
Gift this article