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ARTICLE · 09 MARCH 2016

Broadest Claim Interpretation Is Not Necessarily The Correct Construction Under Phillips Or Under BRI

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In related appeals, the Federal Circuit vacated and remanded the Patent Trial and Appeal Board's invalidation of 49 claims across three patents challenged in Inter Partes Review.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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In related appeals, the Federal Circuit vacated and remanded the Patent Trial and Appeal Board's invalidation of 49 claims across three patents challenged in Inter Partes Review. PPC Broadband, Inc., v. Corning Optical Comms. RF, LLC, Nos. 2015-1361, -1366, -1368, and -1369 (Fed. Cir. Feb. 22, 2016) ("PPC I") and PPC Broadband, Inc., v. Corning Optical Comms. RF, LLC, No. 2015-1364 (Fed. Cir. Feb. 22, 2016) ("PPC II").

In both decisions, the same panel highlighted differences between the "broadest reasonable interpretation" (BRI) standard applied by the PTAB and the Phillips standard applied by district courts. The PTAB's use of BRI has been upheld by a divided Federal Circuit and is awaiting Supreme Court review. See In re Cuozzo Speed Techs., LLC, 793 F.3d 1268, 1279 (Fed. Cir. 2015), cert granted, 84 U.S.L.W. 3218 (U.S. Jan. 15, 2016).

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