May 28, 2018
The National Law Journal
The National Law Journal selected Finnegan for its DC Intellectual Property Litigation Department of the Year award based on the firm's win in Aqua Products, Inc. v. Matal.
Aqua Products, Inc. v. Matal was a significant case for Patent Trial and Appeal Board (PTAB) practitioners, as it called into question whether patent owners or petitioners should carry the burden in proving proposed claim amendments are unpatentable. Finnegan attorneys James Barney, Tim McAnulty, and David Mroz represented Aqua Products, arguing that the burden of proof should be placed on petitioners, not patent owners. The en banc Federal Circuit agreed, ruling in favor of Aqua Products. Since the decision, the rate of motions to amend has nearly tripled.
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