Analysis

What's Changed A Year After PTAB Claim Construction Swap

Law360 (November 19, 2019, 10:24 AM EST) -- One year after the Patent Trial and Appeal Board changed the claim construction standard in America Invents Act reviews, attorneys say it’s too soon to tell if the move will lead to different outcomes in any cases, but it has changed strategies for litigants.

In cases filed on or after Nov. 13, 2018, the PTAB has interpreted the claims of patents using the narrow standard used in district court, doing away with the so-called broadest reasonable interpretation standard, or BRI, that the board had used since the inception of AIA reviews.

Patent owners had argued that BRI made it too easy...

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