Author: Anthony A. Hartmann
Editor: Maureen D. Queler
The Patent Trial and Appeal Board expanded its listing of representative decisions on motions to amend to include an Order from Corning Optical Comm. RF, LLC v. PPC Broadband, Inc., IPR2014-00441. Paper 19 (Oct. 30, 2014). In that Order, the PTAB provided the Patent Owner with guidance regarding the requirements for a motion to amend. Corning Optical repeats and to an extent clarifies the guidance found in the Trial Practice Guide and earlier-identified representative decisions on motions to amend.
For example, Corning Optical addressed the requirement to show changes made by the proposed amendment. While no particular form is required, Corning Optical advised the use of brackets and underlining, which is consistent with amendment practice in ex parte and inter partes reexaminations and reissue proceedings. See 37 C.F.R. §§ 1.173 & 1.530.