Federal Circuit Affirms Hunting Titan POP Decision
In Hunting Titan, Inc. v. DynaEnergetics GmbH & Co. KG, Inc., IPR2018-00600. The PTAB’s POP panel reviewed the denial of a Motion to Amend based upon a panel’s sua sponte modification of a petitioner’s proposed ground (here). In reversing that determination, the POP found that such a sua sponte action should be a “rare circumstance.” For example, where there is a readily identifiable patentability concern apparent in the record.
At the time, I pointed out that when a petitioner presents a 103 ground that in reality is a 102 ground, I could not imagine how such a circumstance was not readily identifiable, and rare. While seemingly agreeing with me, the Federal Circuit nonetheless affirmed the POP panel.
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