Prosecution History Before the PTAB….Your Mileage May Vary

The Applicability of Prosecution History in a BRI Analysis Whether in a new patent application or in an issued patent being subject to a post grant review proceeding, the USPTO utilizes a Broadest Reasonable Interpretation (BRI) standard for all patent claims . Under this one-size-fits-all standard...

PTAB Finds BRI Claim Construction No Different Under Phillips

Favorite Criticism of PTAB Proceedings Falls Flat The Patent Trial & Appeal Board (PTAB) is currently seeking feedback from the public on the first two years of administrative patent trials of the America Invents Act (AIA). The very first issue presented for consideration in the recent Federal...