VLP Partner David Thibodeau Authors IPWatchdog Article “Do Recent Decisions Signal a Change in Patent Owner’s Rights to Defend and Amend Claims in Post-Grant Proceedings?”
VLP Intellectual Property Partner David Thibodeau wrote the article “Do Recent Decisions Signal a Change in Patent Owner’s Rights to Defend and Amend Claims in Post-Grant Proceedings?” for IPWatchdog.
In the article, Mr. Thibodeau wrote that ever since the introduction of AIA post-grant proceedings, many have questioned whether the procedural deck is stacked against patent owners. He noted that limits on making claim amendments, having to bear the burden of showing the validity of claims already issued, and being subjected to multiple serial attacks have made it seem so.
Mr. Thibodeau cited recent cases that show the playing field may now be tipping ever so slightly in a patent owner’s favor.
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