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March 3, 2016Published Article

Two ways of determining patent claims question now up to high court

Chicago Daily Law Bulletin

At the core of all patent disputes is the meaning of the patent claims, which define the boundaries of the patent. These boundaries provide the basis for deciding whether claims are distinguishable over the state of the art at the time the patent was filed.

In U.S. District Court litigation, the court interprets claims giving them their plain and ordinary meaning as understood by a person of ordinary skill in the art — the so-called Phillips standard. In inter partes review, covered business method review and post-grant review proceedings (collectively, AIA trials) the Patent Trial and Appeal Board is tasked with interpreting the claims. But the statute that created AIA trials did not specify a standard for claim construction.

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