In a rare occurrence for an inter partes review proceeding, the Patent Trial and Appeal Board (“PTAB” or “Board”) recently granted a motion to amend, finding the patent owner’s substitute claims to be patentable.
In REG Synthetic Fuels LLC v. Neste Oil OYJ, IPR2014-00192, Paper 48 (PTAB June 05, 2015), the Board distinguished its earlier decisions that created a high procedural bar for patent owners, and which required patent owners to demonstrate that any proposed substitute claims overcome all known relevant prior art.