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Proposed Rule: No More BRI in PTAB Trials

Proposed Rule: No More BRI in PTAB Trials

By: Rich Graham and Matthew Johnson – The article discusses the USPTO’s Notice of Proposed Rulemaking for Claim Construction Standards used in PTAB Proceedings. In a potentially momentous change to PTAB practice, under the newly proposed rule, the PTAB will no longer apply the broadest reasonable interpretation standard during post-grant trials.

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