March 14, 2014

More PTAB Motion to Amend Guidance in Inter Partes Reviews

By Matthew L. Cutler, Principal

In view of the continued denial of Motions to Amend in Inter Partes Review practice (no motions have been granted to date), it is worth noting a recent decision, from well-respected Judge Jameson Lee, that provides significant guidance on the required content of a Motion to Amend.  Toyota Motor Corp. v. Am. Vehicular Sciences, LLC, IPR2013-00419, Paper 32 (March 7, 2014).

While there have been numerous denials of Motions to Amend, from which practice tips can be gleaned, the linked order provides the most substantive advice on the issue since the seminal Idle Free decision.