Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to the burden of persuasion in inter partes review proceedings. That’s it. Here are the details.
En Banc Petitions
In Nike, Inc. v. Adidas AG, Nike asked the en banc court to review the following question:
- “In an inter partes review, does the petitioner bear the burden of persuasion for an unpatentability ground the Board raises sua sponte against proposed substitute claims?”