View All

Claim Amendments

PTAB / Claim Amendments / Claim Construction / Federal Circuit

PTAB’s alternative claim construction saves the day

Alternative claim constructions are often presented in IPR proceedings. Addressing alternative constructions in the final written decision may help the PTAB avoid reversals on appeal. That was the case in Arendi v. Google, where the Federal Circuit rejected the PTAB’s primary claim construction but affirmed based on an alternative claim construction discussed in the decision. In […]

Read More

PTAB / Claim Amendments / Federal Circuit / Post Grant Reviews

PTAB’s denial of motion to amend was arbitrary and capricious

The Federal Circuit continues to show interest in the amendment process for PTAB proceedings. In addition to accepting In re Aqua Products for en banc review of the current standards for amending claims in PTAB proceedings, last week the Federal Circuit issued a decision in Veritas Tech. v. Veeam Software Corp., No. 2015-1894 (Fed. Cir. Aug. 30, […]

Read More

PTAB / Claim Amendments / Federal Circuit / PTAB Procedures and Rules

En banc Federal Circuit to review standards for amending claims in PTAB proceedings

On August 12, 2016, the Federal Circuit granted the petition for rehearing filed in In re Aqua Products Inc. and decided that its full panel of judges will consider the PTAB’s current practice for allowing (or, in most cases, not allowing) claim amendments. Amendments in PTAB proceedings are currently guided by the Informative Opinion issued in Idle Free Systems, Inc. v. Bergstrom, […]

Read More

©2018 Klarquist Sparkman, LLP. All Rights Reserved. | Privacy | Site Map