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PTAB Provides Notice Of Sua Sponte Motion To Amend Ground - Intellectual Property

The precedential ruling in  Hunting Titan, Inc. v. DynaEnergetics Europe GmbH, IPR2018-00600, Paper 67 (PTAB July 6, 2020) allows the Patent Trial and Appeals Board (PTAB) to raise an issue regarding substitute claims that was not raised by the parties. When the PTAB supplements the case presented by the Petitioner, it should, according to  Nike, Inc. v. Adidas AG,  955 F. 3d 45 (Fed. Cir. 2020), give notice to the parties so they can adequately respond, such as by discussing the issue at oral argument or in supplemental briefing. In  Nike, the Federal Circuit ruled that [b]ased on consideration of the entire record, the Board must

PTAB Provides Notice Of Sua Sponte Motion to Amend Ground | Jones Day

PTAB Provides Notice Of Sua Sponte Motion to Amend Ground | Jones Day
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