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Precedential Opinion Panel (POP) grants review of decision involving motion to amend

The POP grants review of the final written decision denying Patent Owner’s Motion to Amend in Hunting Titan, Inc. v. DynaEnergetics GmbH & Co. KG, IPR2018-00600, Paper 42 (PTAB Aug. 20, 2019). The POP identifies the following issues for review:

1. Under what circumstances and at what time during an inter partes review proceeding may the Board raise a ground of unpatentability that a petitioner did not advance or insufficiently developed against substitute claims proposed in a motion to amend?
2. If the Board raises such a ground of unpatentability, whether the Board must provide the parties notice and an opportunity to respond to the ground of unpatentability before the Board makes a final determination.

Amicus curiae are authorized to submit a brief to trials@uspto.gov, limited to the issues identified above. The brief must be no more than fifteen (15) pages and must be submitted by December 20, 2019.

Learn more about the POP and POP proceedings on the USPTO website.

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