May 29, 2018
The National Law Journal
FOR IMMEDIATE RELEASE
May 29, 2018
WASHINGTON, DC—The National Law Journal (NLJ) announced its annual “D.C. Litigation Department of the Year” awards, selecting Finnegan for the Intellectual Property category based on its win in Aqua Products, Inc. v. Matal. This is a coveted recognition, as NLJ honored only six firms across all litigation categories.
Aqua Products was a game-changing case in which the firm argued on behalf of Aqua Products to the Federal Circuit, sitting en banc, convincing the judges that petitioners should carry the burden of proving proposed claim amendments are unpatentable at the Patent Trial and Appeal Board (PTAB). In 2016, the PTAB rejected 112 of 118 motions to amend, due to patent owners having to prove their amended claims were patentable, instead of petitioners having to prove the amended claims were unpatentable. Initially, the Aqua Products case seemed like an uphill battle, as three different Federal Circuit panels had endorsed the PTAB’s procedure. Once the full court heard the case, it ultimately vacated the PTAB’s decision, placing the burden of proof on the petitioner rather than the patent owner. Since the decision, the rate of motions to amend has nearly tripled.
Contacts
Mark D. Sweet, Managing Partner
mark.sweet@finnegan.com
James B. Monroe, Chair
james.monroe@finnegan.com
About Finnegan
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is one of the largest IP law firms in the world. From offices in Atlanta, Boston, London, Palo Alto, Reston, Seoul, Shanghai, Taipei, Tokyo, and Washington, DC, the firm practices all aspects of patent, trademark, copyright, and trade secret law, including counseling, prosecution, licensing, and litigation. Finnegan also represents clients on IP issues related to European patents and trade marks, international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition. For additional information on the firm, please visit www.finnegan.com. Follow us on LinkedIn and Twitter.
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