We Need Another Phillips To Explain 'Plain Meaning'

Law360, New York (August 3, 2016, 12:59 PM EDT) -- How is a patent claim construed in court? On this there is wide disagreement among the judges who decide such legal questions.

The U.S. Supreme Court in June approved the Patent Trial and Appeal Board using “broadest reasonable interpretation” rather than “plain meaning” patent claim construction, but without explaining either methodology.[1] This was a missed opportunity to resolve the Federal Circuit’s sharp internal divide over “plain meaning” patent claim construction. All panels cite, of course, the 11-year-old governing en banc Phillips decision on patent claim construction...
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