Deference to PTAB Claim Construction Decisions: Aspiring for Consistency and Predictability

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Berkeley Technology Law Journal (BTLJ) – Annual Review 2018

This article was cited to support the USPTO’s change in claim construction standards for inter partes review before the Patent Trial and Appeal Board. The cited reference can be found at 83 Fed. Reg. 51340, 51342, 51347 (Oct. 11, 2018) (codified at 37 C.F.R. § 42), available here.

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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