(Total Views: 699)
Posted On: 10/26/2018 9:46:20 AM
Post# of 82689
$SFOR https://jmp.sh/AeqT2Al Effective Date: 11/13/2018
In a nutshell, USPTO revised the claim construction standard for interpreting claims in IPR proceedings before PTAB. In particular, the USPTO is replacing the broadest reasonable interpretation standard such that claims shall now be construed using the same claim construction standard that is used to construe the claim in a civil action in federal district court.
This rule reflects that the PTAB in an AIA proceedings will apply the same standard applied in federal courts to construe patent claims. USPTO also amends the rules to add that any prior claim construction determination concerning a term of the claim in a civil action, or a proceeding before the International Trade Commission, that is timely made of record in an IPR proceeding will be considered.
Ref: SFOR IPR Win / Claim Construction : https://jmp.sh/yWiPTv0 ( Analysis Section )
SFOR Fed Appeal has referenced IPR/CC in SA's case. https://jmp.sh/q8h38lt
In a nutshell, USPTO revised the claim construction standard for interpreting claims in IPR proceedings before PTAB. In particular, the USPTO is replacing the broadest reasonable interpretation standard such that claims shall now be construed using the same claim construction standard that is used to construe the claim in a civil action in federal district court.
This rule reflects that the PTAB in an AIA proceedings will apply the same standard applied in federal courts to construe patent claims. USPTO also amends the rules to add that any prior claim construction determination concerning a term of the claim in a civil action, or a proceeding before the International Trade Commission, that is timely made of record in an IPR proceeding will be considered.
Ref: SFOR IPR Win / Claim Construction : https://jmp.sh/yWiPTv0 ( Analysis Section )
SFOR Fed Appeal has referenced IPR/CC in SA's case. https://jmp.sh/q8h38lt
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