In an article for Law360, Bass, Berry & Sims patent attorney Janelle Waack discussed the Federal Circuit’s analysis of the “broadest reasonable interpretation” claim construction standard applied by the Patent Trial and Appeal Board’s (PTAB). The Federal Circuit found that the PTAB stretched that standard too far in construing claims for an oil drilling tool. The decision is good for patent owners in the examination and IPR context and has broad practical implications for patent examiners and PTAB judges. As Janelle points out in the article, “It’s instructive to examiners that claims shouldn’t get the broadest possible interpretation. You need to keep it reasonable and consistent with the specification.”
The full article, “Fed. Circ. Rebuke of PTAB Interpretation May Aid Patentees,” was posted by Law360 on October 6, 2017, and is available online.