McKool Smith Principal Scott Hejny spoke with Law360 regarding the U.S. Patent and Trademark Office proposed formal rules for the amendments of patents in the America Invents Act reviews to clarify that it's the challengers' responsibility to show the proposed claims are not patentable.  Scott noted that the rules appear to continue efforts "to insert higher degrees of predictability into AIA reviews," and provides "litigants with some certainties in the context of motions to amend."

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