Case Updates

The following excerpts were presented in previous CASE UPDATES:

Federal Circuit Reverses PTO’s Claim Rejection due to Impermissibly Broad Interpretation

On April 28, 2016, I sent out an email reporting the In re Man Machine decision from the Federal Circuit, which reversed claim rejections made by the Patent Office, which were based on an overly-broad interpretation of the claims. In a similar decision yesterday, the Federal Circuit again reversed claim rejections made by the PTO, which were based on an impermissibly broad claim interpretation (under the PTO’s construction of the claims’ under the broadest reasonable interpretation). This latest decision, in connection with…

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Patent Prosecution Implications from Cuozzo

As you are probably aware, the U.S. Supreme Court handed its decision this week in the Cuozzo Speed Technologies v. Lee case. The factual details of the case are not as important as the legal holding and the implications those have on patent prosecution practices. Nonetheless, I have attached a copy of that decision, as well as a copy of the In re Cuozzo decision from the Federal Circuit (which actually provides a more detailed analysis – it was this lower decision that was affirmed by the Supreme Court).

A legal holding in the case was that the Patent Office is to apply the broadest reasonable interpretation (BRI) standard to interpret patent claims in IPR (inter partes review) proceedings, instead of the…

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