A divided en banc Federal Circuit recently issued several opinions addressing the burden of proof concerning a motion to amend claims in inter partes review proceedings. While none of the opinions garnered a full majority, the leading opinion placed the burden of persuasion with respect to the patentability of amended claims on the petitioner.
A unanimous Supreme Court has held that merely requiring a generic computer to implement an abstract idea fails to transform the abstract idea into a patent-eligible invention, and affirmed the Federal Circuit's judgment finding claims directed to mitigating settlement risk invalid under 35 USC § 101.
A unanimous Supreme Court recently held that the Federal Circuit's test for determining whether patent claims meet the definiteness requirement did not satisfy the statute's definiteness requirement. It announced a new standard requriring that the claims of a patent, when read in light of the patent's specification and the prosecution history, inform with reasonable certainty those skilled in the art about the scope of the invention.