By Tom Engellenner
The Court of Appeals for the Federal Circuit denied Cuozzo Speed Technology LLC’s petition for en banc rehearing of a February panel decision affirming the PTAB’s use the so-called broadest reasonable interpretation (BRI) standard in claim construction.
The decision to refuse en banc rehearing was a 6-5 decision with Chief Judge Prost and Judges Newman, Moore, O’Malley and Reyna dissenting. Interestingly, only four Federal Circuit Judges (Dyk, Lourie, Chen and Hughes) joined in a concurring opinion explicitly approving of the BRI standard. The other two judges (Wallach and Taranto), while voting to deny rehearing, chose not to join either side’s opinion.
The decision (with the concurring and dissenting opinions) can be found here: Cuozzo-En-Banc-Denied