Bosch Automotive Service Solutions, LLC v. Matal — Follow-up on Who Has Burden After Aqua Products?

By Andrew Williams — We recently noted that the U.S. Patent and Trademark Office appears to have taken the position that neither party has the burden of persuasion with regard to Motions to Amend after the Aqua Products v. Matal decision. Certainly, the Patent Owner no longer has the burden, as that is one of the only conclusions that can be ascertained from that en banc decision. However, in no circumstance has the Board expressed the opposite conclusion that the burden falls on the petitioner. Instead, everything that has come from the Chief Judge or the Board suggests that the…Original Article