Bill Proposes Changes To PTAB Claim Construction, CBM Practice, And Estoppel Provisions

On October 23, Congressman Bob Goodlatte (R. Virginia) introduced a bill that would alter aspects of practicing before the Patent Trial and Appeal Board. The bill, entitled "Innovation Act", makes patent-law changes intended to curb "abusive patent litigation." The bill includes five notable changes to IPR, PGR, and CBM practice.

First, the bill requires the Board to construe patent claims "as such claim would be in a civil action to invalidate a patent under section 282(b)," in "accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent." These changes would abandon the "broadest reasonable interpretation" currently applied by the Board to IPRs, PGRs, and CBMs. Additionally, the bill requires the Board toconsider claim constructions adopted in related district-court litigations.