“In this appeal, we consider the proper allocation of the burden of proof when amended claims are proffered during inter partes review proceedings (‘IPRs’) under the Leahy-Smith America Invents Act (‘AIA’).”
“Upon review of the statutory scheme, we believe that [35 U.S.C.] § 316(e) unambiguously requires the petitioner to prove all propositions of unpatentability, including for amended claims.”
