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Expert Analysis

Ignore Broader Claim Constructions At Your Own Risk

By Raghav Bajaj (November 2, 2017, 12:07 PM EDT) -- In Owens Corning v. Fast Felt Corp., No. 2016-2613, 2017 U.S. App. LEXIS 19827 (Fed. Cir. Oct. 11, 2017), the Federal Circuit reversed the Patent Trial and Appeal Board's final written decision in IPR2015-00650. While the PTAB found that the petitioner had failed to show obviousness of any challenged claim, the Federal Circuit disagreed, finding that under a proper broadest reasonable interpretation of the claims, the "record conclusively establishe[d] obviousness."[1] The Federal Circuit therefore reversed the PTAB's final written decision without remand, finding the challenged claims unpatentable as obvious....

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