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 by the Patent Trial and Appeal Board (PTAB) in the new inter partes review proceedings … Continue reading Federal Circuit Panel Blesses BRI Standard for Claim Construction at PTAB But Another Panel May Not
By Tom Engellenner Two of the earliest challenges to patents under the new post grant proceedings established by the America Invents Act (AIA) are now on appeal to the Court of the Appeals for the Federal Circuit and both appeals are taking direct aim at the US Patent and Trademark Office’s decision to adopt a … Continue reading Does the Broadest Reasonable Interpretation Standard Make Sense?
By Reza Mollaaghababa A patent owner in an inter-partes review (IPR) proceeding may amend a challenged patent if they satisfy a number of statutory requirements set forth by the AIA (America Invents Act) and the regulations promulgated by the USPTO. In particular, the AIA states that “… the patent owner may file 1 motion to … Continue reading A Patent Owner Bears a Heavy Burden in Amending Claims in an IPR Proceeding