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ARTICLE · 07 SEPTEMBER 2015

PTAB Clarifies Requirements For Claim Amendments

McDermott Will & Emery
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MasterImage 3D and its foreign affiliate filed an IPR petition challenging RealD's patent directed to a polarization conversion system and method used for projecting images for 3D viewing.

United StatesIntellectual Property
G. Matthew McCloskey
G. Matthew McCloskey
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MasterImage 3D, Inc. and MasterImage 3D Asia, LLC v. RealD Inc.

In an order perhaps indicating that the tide is turning for patent owners seeking to amend claims in inter partes review (IPR), an expanded panel of the Patent Trial and Appeal Board (PTAB or Board) provided clarification as to what is required of patent owners when seeking to amend claims. This order reinforces at least one recent decision by the Board and also statements by the director to the effect that the Patent Trademark Office will be relaxing the practical requirements for amending claims in IPR proceedings. MasterImage 3D, Inc. and MasterImage 3D Asia, LLC v. RealD Inc., Case IPR 2015-00040 (PTAB, July 15, 2015) (Lee, APJ.).

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