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As digital technology and the online environment transform the distribution and use of intellectual property, our Copyright & Trademark group is on the front lines in protecting and enforcing our clients’ most important creative assets. Our trial-tested team represents a wide range of clients, from entrepreneurs to major corporations, from playwrights to media giants, and from individual songwriters to the country’s largest performing rights organizations.

Intellectual Property Litigation: Claim Amendments – Who Should Bear the Burden of Proving (Un)patentability?

January 11, 2017 download PDF

In their intellectual property litigation column, "Claim Amendments: Who Should Bear the Burden of Proving (Un)patentability?" litigation partners Lewis Clayton and Eric Stone examine the question of who will bear the burden of proving that proposed new claims are unpatentable in future IPR proceedings. The column examines the potential impact of a pending appeal in Aqua Products and the current state of the law, and offers suggested guidelines for practitioners. The article appeared in the January 11 issue of the New York Law Journal.

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