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…
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…
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…
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…
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…