In In re Aqua Products, Inc., Appeal No. 2015-1177, the Federal Circuit affirmed the PTAB’s denial of a motion to amend claims in an IPR proceeding because the patent owner did not demonstrate that the amended claims would be patentable over the art of record.
After an IPR was instituted, patentee Aqua filed a motion to amend its claims. In the motion, Aqua argued only that the new claims were not obvious because the cited combination of references failed to suggest one of the four new limitations added in the new claims. The PTAB denied Aqua’s motion to amend and Aqua appealed.
On appeal, the Federal Circuit affirmed. The court declined to revisit its precedent upholding PTAB procedures requiring patent owners to show that proposed amended claims would be patentable over the art of record.