Claim Constructions Under the Broadest Reasonable Interpretation Standard Must be Reasonable
By: David E. Anderson and Dave Cochran – A Recent Federal Circuit decision considered how reasonable a construction should be under the Broadest Reasonable Interpretation standard.
CBM Filings Trickling As Shutoff Date Approaches
By: Lisa Furby and John Marlott – As the transitional CBM program sunset approaches, discussions in Congress are underway regarding whether to extend the program, meanwhile CBM filings have slowed to a trickle indicating there may be little momentum to continue the program beyond its initial term.
PTAB Finds SAS Decision Constrains Discretion In Follow-On Petitions
By: Susan M. Gerber – In the recent Hulu, LLC v. Sound View Innovations, LLC decision, the PTAB considered the General Plastics factors in view of SAS in deciding whether to institute a follow-on petition challenging claims previously challenged in two IPRS.
Patent Owner Finds The “Achilles Heel” In Petitioner’s Invalidity Theory
By: John Evans and Aryane Garansi – Two more design patents survive AIA trials in two post-trial decisions upholding the validity of two design patents covering partial shoe sole designs.
Is the Government a “Person” Who May Institute PTAB Trials?
By: Emily Tait and Lauren Willens – A pending petition for writ of certiorari asks whether the government is a “person” who may petition to institute review proceedings under the AIA.