PTAB Told Failure To Construe Claims Dooms Petition

Law360 (August 9, 2019, 4:04 PM EDT) -- Software company Symantec Corp. on Thursday told the Patent Trial and Appeal Board that a petition for inter partes review from cloud-based security company Zscaler Inc. should fail because it did not construe certain patent claims that it was required to.

Symantec maintains that because its patent on blocking malicious computer code is written in the so-called means-plus-function format, Zscaler's petition was required to provide a claim construction, and its failure to do so is "fatal to the petition" under PTAB precedent.

However, Zscaler attorney Jared Bobrow of Orrick Herrington & Sutcliffe LLP said during oral arguments it was entitled to...

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