872 F.3d 1290 (Fed. Cir. 2017)
Aqua Products, Inc. v.
Does the patent owner bear the burden of persuasion with respect to the patentability of amended claims in inter partes review proceedings?
The court examined the statutory framework of 35 U.S.C. §§ 316(a)(9) and 316(e). Without any explicit textual directive placing the burden on patent owners, the court reaffirmed the principle that statutory silence on burden allocation should not disadvantage patent proprietors.
The Federal Circuit held that the burden of persuasion regarding the patentability of proposed amended claims during IPRs does not fall on the patent owner.
This decision reshapes the landscape for patent litigators, particularly in amending claims during IPR. It underscores the judiciary's role in interpreting ambiguities in patent statutes and aligns procedural aspects with fairness and statutory intent. For law students, this case highlights the intersection of administrative law and patent policy, illustrating the power and limitations of administrative agencies within statutory frameworks.