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Rare Fed. Circuit Reversal of PTAB

Smith & Hopen PA

In a Feb. 22, 2016 decision Judge Moore of the Fed. Circuit issued two opinions with Judges O’Malley and Wallach vacating and remanding obviousness findings by the PTAB of U.S. Pat. 8323060 for co-axial connectors. Judge Moore’s lengthy discussion of the PTAB’s broadest reasonable interpretation (BRI) standard versus the Phillips standard of U.S. District Court acknowledged the importance of the issue which is currently headed to the Supreme Court in In re Cuozzo Speed Techs., LLC 793 F.3d 1268, 1279 (Fed. Cir. 2015), cert. granted, 84 U.S.L.W. 3218 (U.S. Jan. 15, 2016) (No. 15-446).

· Opinion relating the BRI construction inconsistent with certain claim limitations for continuous (temporal) electrical contact.

· Opinion relating to BRI construction by PTAB erring in construction of “reside around.”

These are two useful cases for IPR practitioners to address claim construction before the PTAB.

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