AIPLA Comments on the Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board
July 9, 2018
File Downloads
All documents are in PDF format.
As indicated in the Notice, the Office has proposed to change the claim construction standard for AIA trials from the broadest reasonable interpretation (“BRI”) standard to the Phillips standard. Phillips v. AWH Corp.,415 F.3d 1303 (Fed. Cir. 2005) (en banc).
The standard would apply to all current and future AIA trial proceedings pending before the PTAB (“Board”). AIPLA supports applying the Phillips standard in AIA trial proceedings. In addition, the Board should consider and try to adhere to prior claim construction determinations made by district courts or the International Trade Commission, if such prior constructions are timely made of record in AIA trial proceedings.
The standard would apply to all current and future AIA trial proceedings pending before the PTAB (“Board”). AIPLA supports applying the Phillips standard in AIA trial proceedings. In addition, the Board should consider and try to adhere to prior claim construction determinations made by district courts or the International Trade Commission, if such prior constructions are timely made of record in AIA trial proceedings.
Upcoming Events
-
2024 Women in IP Law Global Networking Event
April 18, 2024
The annual Global Networking Event connects intellectual property practitioners from around the world for a day of networking, education, and creating meaningful connections. This year’s theme, Cultivating Leaders, is an opportunity for the AIPLA Women in IP Law Committee to help nurture and cultivate future leaders in the profession. -
World IP Day 2024
May 1, 2024 4:00 PM to 7:00 PM
Join AIPLA and partner organizations on May 1 in Washington, DC, for a special three-hour program to celebrate World Intellectual Property Day 2024. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “IP and the SDGs: Building Our Common Future With Innovation and Creativity.” -
2024 Advanced Chemical Patent Practice Institute
May 14 to 15, 2024
This advanced course offers how the chemical/pharma patent practitioners can use fundamentally sound but oft overlooked principles to prepare and prosecute a United States chemical/pharma patent application to withstand both PTAB and district court challenges. The principles taught will greatly help those advanced chemical/pharma patent practitioners involved with prelitigation, portfolio management, litigation, Orange Book listings, Purple Book/BCPIA, regulatory practice, due diligence, health checks, and analysis of third-party patents for validity/patentability, infringement, and enforceability issues, as well as for preparing IPR and/or PGR petitions and defending the patent against them. -
AIPLA 2024 Spring Meeting
May 16 to 18, 2024
Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2024 Spring meeting will take place in downtown Austin, at the Hilton Austin. Leadership Meetings on Wednesday, May 15. Programming scheduled May 16-18.