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
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UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes