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Message: USPTO Asks Supreme Court To Save Claim Construction Test

Mar 27, 2016 03:01AM

USPTO Asks Supreme Court To Save Claim Construction Test

By Kevin Penton

Law360, New York (March 24, 2016, 8:34 PM ET) -- The U.S. Patent and Trademark Office urged the U.S. Supreme Court on Wednesday to reject an effort by Cuozzo Speed Technologies LLC to change the claim construction standard used in inter partes reviews of patent claims, arguing that the method it currently uses is appropriate for the setting.

Giving claims their broadest reasonable interpretation — instead of a narrower interpretation often used in court proceedings — allows patentees during an IPR to amend ambiguous claims, is consistent with how the USPTO has analyzed unexpired claims in...
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