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February 04, 2016


"The opinion (or rather the description of the Board's procedures and the history of how the Board arrived at its decision) once again illustrates the flaws in the IPR system established under the Leahy-Smith America Invents Act of 2012."

Hey Kevin,

How correct you are in that statement. As you also astutely point out, it's bizarre that the patent owner has the burden in the IPR to demonstrate patentability of any proposed amended claim in such proceedings. IPRs are nowhere close to being "fair and balanced" with respect to the patent owner.

"refuse to permit patentees to amend claims"

Patentees can amend claims if the amendments are supported by the spec and shown to be non-obvious.

But as everyone knows, of course, the claims that are being hammered in IPRs are typically the broadest claims, i.e., "the most valuable claims" if we set aside their invalidity.

"cold comfort for Illumina and all the other patentees"

Boo hoo. Let's all shed a tear for Illumina.

MM, aka host-of-sockpuppets-while-complaining-most-loudly-about-sockpuppets,

Your statement of "Patentees can amend claims if the amendments are supported by the spec and shown to be non-obvious." is simply not true and is the point of the issue in this conversation.

You have attempted to move the goalposts and employ an (empty) emotional taunt. Please respect this forum and its attempts to NOT be a "Patently-O"


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