A special edition of the PTAB Roundup:

 

A special edition of the PTAB Roundup:

PTAB issues new claim construction rule. The USPTO published a final rule changing the claim construction standard applied during IPR, PGR, and CBM effective November 13, 2018. The new rule replaces the “broadest reasonable interpretation” standard with the federal court claim construction standard articulated in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc) and its progeny. Additionally, the Board will take into consideration any prior claim construction determination made by a District Court or the ITC if it is timely made of record in that IPR, PGR, or CBM. More details here.


*Contributors: Jonathan Strang. (ed.), Thomas Donovan., Kevin McNish., Fahd Patel.,Steven Peters.,
Todd Siegal., Kenneth Weatherwax., Orion Armon., Ben Evans., Christopher Geyer., John Holley., Arvind Jairam., Thomas King., Thomas Pasternak., Rebecca Rabenstein., Diva Ranade., Surenda (Kumar) Ravula., David Roadcap., and Abhay Watwe. These case summaries are factual in nature and do not reflect the opinions of the contributors, their law firms, or the PTAB Bar Association. Individual contributors do not draft or otherwise have any substantive input into summaries of any case in which the contributor (or his or her firm) was involved.

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