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PTAB Trials Will Now Apply the Phillips Claim Construction Standard

  • October 15, 2018
  • Robert Gravois

Since its inception, the PTAB has applied the "broadest reasonable interpretation" standard when construing claims of an unexpired patent in inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) proceedings. However, for all IPR, PGR, and CMB petitions…

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USPTO Proposes New Claim Construction Standard for PTAB Trials

  • May 16, 2018
  • Robert Gravois

On May 9, 2018, the USPTO published a notice of proposal to change the claim construction standard applied to unexpired patent claims in PTAB trials. The notice in the Federal Register is available here. Currently, the PTAB gives claims of…

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Federal Circuit’s Claim Construction Results in Issue Preclusion for an IPR of a Related Patent

  • March 14, 2018
  • Robert Gravois

The Federal Circuit held that its previous reversal of the Board's claim construction resulted in issue preclusion for similar claim terms in a different IPR of a related patent. The doctrine of collateral estoppel, also called issue preclusion, is a…

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Federal Circuit Reverses PTAB’s Construction for Declining to Apply Prosecution Disclaimer

  • February 22, 2018
  • Robert Gravois

The Federal Circuit held that the PTAB erred by declining to apply the doctrine of prosecution disclaimer in an IPR. If, during prosecution of a patent, the patent applicant makes a clear and unambiguous statement limiting the scope of the…

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District Court Relies on IPR Decisions to Construe Claims

  • February 12, 2018
  • Robert Gravois

The Eastern District of Michigan concluded that the meanings of disputed claim terms were bound by the terms' constructions in IPR. In an IPR, claims of an unexpired patent are generally given the "broadest reasonable interpretation in light of the…

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About the Author

Robert Gravois is a partner at Thomas | Horstemeyer LLP with extensive experience in patent office proceedings, including inter partes review (IPR), covered business method (CBM), reexamination, and interference proceedings. He has represented clients in proceedings at the Patent Trial and Appeal Board, in federal district courts throughout the country, and at the Court of Appeals for the Federal Circuit. Learn more.

About the Firm

Thomas | Horstemeyer LLP is a nationally recognized intellectual property law firm headquartered in Atlanta with approximately 40 attorneys and patent agents serving clients all over the world. The firm offers services in all areas in intellectual property, including patents, trademarks, trade secrets, and copyrights. All of Thomas | Horstemeyer’s attorneys and patent agents have technical backgrounds, with many holding advanced masters and doctorate degrees in their respective technical fields. Learn more.

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