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 2025

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:

Take a Free Trial or Login

Topics

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

More from across our site

Trademarks
Dryrobe.png
Breaking: ‘Dryrobe’ is not a generic term, High Court rules
A team from Addleshaw Goddard secured victory for the changing robe brand, following a trial against competitor D-Robe
Max Walters, December 04 2025
Patents
amazon-600-min-comp.jpg
UPC update: Court of Appeal rulings provide inventive step clarity
Bird & Bird, Brinkhof and Bardehle Pagenberg were successful at the Court of Appeal, while there was a partial victory for Amazon in a case concerning audio recordings
December 04 2025
Patents
VS.jpg
Weekly take: Combining business with pleasure – how to work with your spouse
Following the anniversary of Venner Shipley and AA Thornton's merger, Ian Gill recalls the initial trepidation about working for his spouse and offers tips for those who may find their personal and professional worlds colliding
Ian Gill, December 04 2025
Patents
Photo merge template.png
Squire Patton Boggs and Blank Rome pinch DLA Piper partners
Two partners have departed DLA Piper to join Squire Patton Boggs and Blank Rome in San Francisco and Chicago, respectively
December 03 2025
Patents
Businessman walking a tightrope over a cityscape
‘Walking a tightrope’: practitioners assess impact of UPC fee hike
Practitioners say a 32% rise in court fees is somewhat expected to maintain the UPC’s strong start, but some warn that SME clients could be squeezed out
Max Walters, December 03 2025
Trademarks
Tires.jpg
Behind the case: How CAM secured India’s first ‘smell’ trademark
Swati Sharma and Revanta Mathur at Cyril Amarchand Mangaldas explain how they overcame IP office objections to secure victory for a tyre manufacturer
Sukanya Sarkar, December 02 2025
Patents
Claudiu.jpg
Romanian firm founder: a ‘mastery in IP’ takes time
Claudiu Feraru, founder of Feraru IP, discusses the benefits of a varied IP practice and why junior practitioners should learn from every case
December 02 2025
Patents
Podcast logo v1.png
Podcast: Celebrating, supporting and inspiring ethnic minority IP professionals
In the ninth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP & ME, a community focused on ethnic minority IP professionals
December 01 2025
Patents
United States Patent and Trademark Office. USPTO
Law firms cherish PTAB expertise amid policy overhaul
Firms that made strategic PTAB hires say that insider expertise is becoming more valuable in the wake of USPTO changes
Sanjana Mishra, December 01 2025
Patents
Aled Richards-Jones - November 2025 high quality colour.jpg
Mewburn Ellis continues litigation push with Carpmaels hire
Aled Richards-Jones, a litigator and qualified barrister, is the fourth partner to join the firm’s growing patent litigation team this year
December 01 2025
Gift this article