Category Archives: Broadest Reasonable Interpretation

CAFC Finds Another PTAB Claim Construction Unreasonable and Again Reverses an Invalidity Holding

By Reza Mollaaghababa In an inter partes review (IPR) proceeding, the meaning of terms used in challenged claims of an unexpired patent are given their broadest reasonable interpretation in light of the claim language and the specification. The Court of … Continue reading

Posted in America Invents Act, Anticipation/Obvious, BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Court of Appeals Fed Circuit, Federal Circuit, Final PTAB Decision, Inter Partes Review, PTAB Procedure, Trial Tactics, USPTO | Tagged , , , , , , ,

CAFC Vacates a PTAB Decision Due To Faulty Claim Construction

By Reza Mollaaghababa In a rare case of disagreeing with the Patent Trial and Appeal Board (PTAB), the Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a PTAB decision invalidating claims 10-25 of PPC Broadband, Inc.’s U.S. … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Appeals, BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Court of Appeals Fed Circuit, Federal Circuit, Inter Partes Review, PTAB Procedure, USPTO | Tagged , , , , , , , , , , , ,

Federal Circuit Affirms Invalidity Of A Merck Patent Based On Substantial Evidence Standard

The Federal Circuit will apply a relaxed standard for review of the Patent Office’s post grant patent review proceedings and will give a good deal of deference to PTAB “findings of facts.” Continue reading

Posted in America Invents Act, Anticipation/Obvious, Broadest Reasonable Interpretation, Claim Construction, Court of Appeals Fed Circuit, Covered Business Methods, Inter Partes Review, Post Grant Review, PTAB Procedure, USPTO | Tagged , , , , , , , , , , , ,

Bass Goes Fishing: Troubles Ahead for Pharma?

By Tom Engellenner Note: This article is adapted from a longer guest post on Forbes.com last week. To view the Forbes article click here. Inter partes review (IPR) is a process established by Congress to permit defendants in patent infringement … Continue reading

Posted in America Invents Act, Anticipation/Obvious, BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Instittion Decision, Inter Partes Review, PTAB Procedure, Trial Tactics, Uncategorized, USPTO | Tagged , , , , , , , , ,

Federal Circuit Panel Blesses BRI Standard for Claim Construction at PTAB But Another Panel May Not

By Tom Engellenner The Cuozzo v. Garmin case, discussed in our blog in January, has been decided in favor of the U.S. Patent and Trademark Office (USPTO). A divided panel decided 2-1 to uphold the USPTO’s claim construction standard used … Continue reading

Posted in BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Court of Appeals Fed Circuit, Federal Circuit, Inter Partes Review, PTAB Procedure | Tagged , , , , , , , , , , ,