US – Supreme Court to review PTAB claim construction standard

On January 15, 2016, the U.S. Supreme Court decided to review whether the Patent Trial & Appeal Board (PTAB) has been using the correct standard to construe patent claims in post-grant proceedings. The PTAB construes claims according to their “broadest reasonable interpretation” (BRI). By contrast, the claim construction standard applied by district courts follows Federal Circuit precedent focusing on the ordinary and customary meaning of claim terms to a person of ordinary skill in the art.

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