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9 July 2015Patents

Federal Circuit declines to review PTAB’s BRI standard en banc

A US appeals court has declined to review en banc whether the Patent Trial and Appeal Board (PTAB) should continue to apply the broadest reasonable interpretation (BRI) standard when construing patent claims.

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8 October 2015   The US Supreme Court has been asked to clarify whether the Patent Trial and Appeal Board is incorrectly applying the broadest reasonable interpretation standard when construing patent claims that are challenged by third parties.
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18 January 2016   The US Supreme Court has agreed to hear a challenge centring on the claim construction standard that the Patent Trial and Appeal Board applies during the inter partes review process, following complaints too many patents are invalidated.