Is Broadest Reasonable Interpretation Here To Stay?

Law360, New York (July 9, 2015, 12:23 PM EDT) -- Claim construction is just about the most important part of a patent lawsuit. And when it comes to a prior art invalidity challenge, the standard used to decide just how broad patent claims are can be the deciding factor on whether a patent is valid or invalid. So it should come as no surprise that there is a healthy debate going on regarding the Patent Trial and Appeal Board's use of the broadest reasonable interpretation standard for claim construction; a standard that on its face purports to be broader than the Phillips standard for claim construction used in federal district courts....

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