Tag Archives: BRI Standard

PTAB Abandons its Practice of Broadly Interpreting Claims of Challenged Patents in favor of Phillips Standard of “Ordinary and Customary Meaning”

By Tom Engellenner In a final rule published in the Federal Register on October 11, 2018, the U.S. Patent and Trademark Office (USPTO) took a remarkable step of acknowledging unfairness in the way its Patent Trial and Appeal Board (PTAB) … Continue reading

Posted in BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Covered Business Methods, Inter Partes Review, Phillips standard, Post Grant Review, Trial Tactics, USPTO | Tagged , , , , , , , , , ,

USPTO Proposes Change In Claim Construction Standard For Post-Grant Proceedings

By Reza Mollaaghababa On May 9, 2018, U.S. Patent and Trademark Office (PTO) issued a notice of proposed rule for changing the standard for construing claims in unexpired patents in inter partes review (IPR), post-grant review (PGR), and transitional covered … Continue reading

Posted in BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Covered Business Methods, Inter Partes Review, Post Grant Review, PTAB Procedure, USPTO | Tagged , , , , , , , , , , , ,

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 , , , , , , , , , , , ,