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
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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.