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Federal Circuit narrowly denies rehearing of Cuozzo PTAB appeal

Michael Loney, New York


A request for an en banc rehearing of an appeal of the PTAB’s use of the broadest reasonable interpretation standard is denied in a 6-5 Federal Circuit opinion, with strongly-worded dissents from Judges Prost and Newman

The Federal Circuit has refused an en banc rehearing of Cuozzo Speed Technology’s appeal of the Patent Trial and Appeal Board (PTAB)’s use of the broadest reasonable interpretation (BRI) standard in claim construction, in a 6-5 decision.

Judge...


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