Claim Interpretation for Post-Grant Review and Inter Partes Review under the...
Today, USPTO Director David Kappos posted a comment advocating the use of the broadest reasonable interpretation standard (BRI) for claim interpretation in post grant review and inter partes review...
View ArticleComparative Study of Post Issuance Review Options
Today I had the pleasure of co-presenting at the Midwest IP Institute on various post-issuance proceedings with Kevin Rhodes, Chief Intellectual Property Counsel and President of 3M Innovative...
View ArticleParallel Litigation and PTAB Review Create Complex Interplay of Patentability...
A company called CoreLogic Solutions, LLC owns U.S. Patent No. 5,361,201, relating to a process for appraising real estate property. The ’201 patent was filed on Oct. 19, 1992 and issued on Nov. 1,...
View ArticleEarly PTAB Orders Demonstrate Differences Between AIA Patent Trials and...
Patent practitioners are still absorbing some of the differences and advantages that are unique to litigation in the PTAB as opposed to district court litigation. For example, PTAB proceedings only...
View ArticleFederal Circuit Interprets Board’s Broadest Reasonable Interpretation...
We know from the Federal Circuit’s decision in In re Cuozzo Speed Technologies, that the broadest reasonable interpretation (BRI) standard applies in IPRs, but in a recent appeal decision, the Federal...
View ArticleFederal Circuit Reinforces PTAB’s Authority to Institute Trial on Selected...
Newcomers to post-grant proceedings are often surprised by the PTAB’s claim-by-claim approach to patent challenges under the America Invents Act. When reporting statistics about IPRs, commentators...
View ArticleFederal Circuit Employs Phillips Claim Construction to Measure Claims Amended...
When patent owners sue an accused infringer for patent infringement, one way for the accused infringer to avoid liability is to show noninfringement of the patent claims. But if the claims are...
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