Broadest Reasonable Interpretation Persists As Standard For Claim Construction In AIA Proceedings

In re Cuozzo Speed Techs., LLC

In a deeply divided opinion addressing the claim construction standard in post-grant America Invents Act (AIA) proceedings, the U.S. Court of Appeals for the Federal Circuit denied a petition for rehearing en banc, leaving in place a panel decision affirming a Final Written Decision of the U.S. Patent and Trademark Office's (PTO) Patent Trial and Appeal Board (PTAB or Board) finding all challenged claims obvious under the Broadest Reasonable Interpretation (BRI) claim construction standard. In re Cuozzo Speed Techs., LLC, Case No. 14-1301 (Fed. Cir., July 8, 2015) (per curiam) (Dyk, J., concurring) (Prost, C.J., dissenting) (Newman, J., dissenting).