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Reactions and predictions from Cuozzo arguments at the Supreme Court

Michael Loney, New York


PTAB observers have been analysing the comments of Supreme Court justices during the Cuozzo v Lee arguments for signs of how they will rule. Chief Justice Roberts was the biggest proponent of bringing the Board’s claim construction standard in line with district courts but other justices appeared a lot more resistant to scrapping BRI

Patent Trial and Appeal Board (PTAB) observers are split on whether the Supreme Court will allow the broadest reasonable interpretation (BRI) claim construction standard used by the Board in inter partes review (IPR) to survive, following oral arguments in Cuozzo...


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