CAFC Decision Moots Some POP Consideration in Hunting Titan Dispute
Last November, the PTAB ordered Precedential Opinion Panel (POP) review of the final written decision in Hunting Titan, Inc. v. DynaEnergetics GmbH & Co. KG, Inc., IPR2018-00600. The rehearing request in Hunting Titan sought review of the Board’s denial of a Motion to Amend based upon an alleged sua sponte modification of a petitioner’s anticipation ground by the panel (here). That is, the POP is reviewing the Board’s role in the amendment process where a petitioner either decides not to challenge an amended claim, or does so in a deficient manner that is apparent to the expert agency.
But the Federal Circuit has now weighed in on most aspects of this debate.
Continue Reading CAFC Finds “Little Sense” in Limiting the PTAB on Amended Claims