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ARTICLE · 20 JANUARY 2016

Potential Havoc At The PTAB

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The US Supreme Court granted certiorari on issues that could wreak havoc with pending patent cases.

United StatesIntellectual Property
Kevin Greenleaf
Kevin Greenleaf
Michael O'Neill
Michael O'Neill
Lissi Mojica
Lissi Mojica
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The US Supreme Court granted certiorari on issues that could wreak havoc with pending patent cases

Last Friday, the Supreme Court of the United States (SCOTUS) granted certiorari to consider two hotly contested issues that may have a very strong impact on inter partes reviews (IPR)1 at the Patent Trial and Appeal Board (PTAB).

The first issue centers on the appropriate claim construction standard to be used in AIA trials, specifically: Whether the Court of Appeals for the Federal Circuit (CAFC) erred in holding that, in IPR proceedings, the Board may construe claims in an issued patent according to their broadest reasonable interpretation (BRI) rather than their plain and ordinary meaning.

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