The Federal Circuit’s en banc decision in In re Aqua Products should be out soon. Aqua challenges the Patent Trial and Appeal Board’s amendment procedures, which require the patentee to demonstrate that amended claims would be patentable over art of record.
You can listen to the en banc oral argument [here].
You can review the vacated panel opinion [here].
Aqua Products’ supplemental brief is available [here].
Totally off-track, not particularly pertinent to this case, and not from this case; but, this is one of my favorite sound bites from Judge Dyk about interpreting regulations based on public statements: [Listen].
Those of you who like to try to read the tea leaves of other oral arguments in order to predict how the court is leaning in an en banc appeal might be interested in the oral argument of ZAGG INTELLECTUAL PROPERTY HOLDING CO., INC. v. TECH 21 UK LTD., No. 2016-1976 (Fed. Cir. Apr. 11, 2017). That oral argument is available [here].