Partner Courtenay Brinckerhoff was quoted in a BioWorld article, “USPTO rule change could end PTAB’s reputation as a patent killer,” about a proposed change in the rules that would align the standard the Patent Trial and Appeal Board uses in inter partes review proceedings with that of the courts.
Brinckerhoff said PTAB currently uses the “broadest reasonable interpretation” standard, which some patent holders claim is too broad and not very reasonable.
She also said PTAB’s broader reading opens a patent claim to more prior art than the courts’ narrow interpretation, meaning that a claim that has stood up under court scrutiny could still be struck down by PTAB. By restricting the prior art that would be considered, she said, the proposed rule change could lead PTAB to validate more claims.
Brinckerhoff said PTAB currently uses the “broadest reasonable interpretation” standard, which some patent holders claim is too broad and not very reasonable.
She also said PTAB’s broader reading opens a patent claim to more prior art than the courts’ narrow interpretation, meaning that a claim that has stood up under court scrutiny could still be struck down by PTAB. By restricting the prior art that would be considered, she said, the proposed rule change could lead PTAB to validate more claims.
People
Related News
06 February 2025
In the News
Vanessa Miller Assesses Panama Canal Discourse
Foley & Lardner LLP partner Vanessa Miller commented in SupplyChainBrain article, "The Fight for Control of the Panama Canal," lending important context to the recent headlines over the important waterway.
06 February 2025
In the News
Gregory Husisian Weighs in on Suspension of De Minimis Trade Exemption
Foley & Lardner LLP partner Gregory Husisian offered context on President Trump's recent trade actions on China in The Wall Street Journal article, "Why Trump Is Closing a Trade Exemption for China."
04 February 2025
In the News
Andrew Wronski on Tariff Fluidity – 'Keep on top of the issues'
Foley & Lardner LLP partner Andrew Wronski assessed the evolving shift in U.S. trade policy in the Milwaukee Business Journal article, "Trump tariffs won't disappear — so how should Wisconsin businesses prepare?"