PTAB Adopts the Phillips Claim Construction Standard

October 25, 2018 - from National Law Review

On October 11, 2018, the Patent Trial and Appeal Board (PTAB) announced the adoption of the claim construction standard articulated in Phillips v. AWH Corp, which retires the broadest reasonable interpretation (BRI) standard in favor of the standard used to construe patent claims in federal court and the International Trade Commission (ITC). The decision affects the claim construction standard for interpreting claims in inter partes review (IPR), post-grant reviews (PGR), and covered business method (CBM) patent proceedings.

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