Year In Review: Key Procedural Changes At The PTAB

Law360 (February 13, 2020, 3:33 PM EST) -- 2019 was an active year for procedural changes at the Patent Trial and Appeal Board. These changes include not only the PTAB’s issuance of a trial practice guide July 2019 update, but also a number of clarifications/interpretations of procedures that the PTAB adopted in 2018 that have modified PTAB practice going forward. We explore a few key updates below.

The Ongoing Importance of Claim Construction

In late 2018, the PTAB did away with broadest reasonable interpretation standard and finally adopted the litigation claim construction standard from Phillips v. AWH Corp. In spite of the industry attention that this received, there is...

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