Addressing the claim construction standard for a covered
business method (CBM) patent review, the Patent Trial and Appeal
Board (PTAB or Board) granted the patent owner’s request to
use the Phillips claim construction standard, noting that
this request fell within the then-upcoming (now in force)
Amendments to the Rules of Practice for Trials Before the PTAB.
Beauty Systems Group, LLC v. Intellectual Ventures I LLC,
Case No. CBM2016-00029 (PTAB, Apr. 26, 2016) (Turner,
APJ).
A patent owner involved in a CBM
review requested that the claims be construed under the
Phillips standard. In support, the patent owner noted that
the subject patent would likely expire before any final written
decision in the proceeding, and that the claim construction
provided in the petition would likely change under the
Phillips standard because of the claim construction
positions adopted by the petitioner in related district court
proceedings. The petitioner responded that the Board
