• Riddle Me This: Is the Lack of a Clear Exclusion its Own Clear Exclusion?
  • August 16, 2017 | Author: Charles W. Shifley
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • July 26, 2017 — Inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB) may or may not survive a looming constitutional challenge following the U.S. Supreme Court’s future decision in Oil States v. Greene’s Energy Group. But now, while IPRs exist and are invalidating U.S. patents, they are fascinating and entertaining in the details and convolutions of their practices and rules. They sometimes involve the classic “riddle wrapped in a mystery, inside an enigma” (said by Winston Churchill in 1939, about Russia). A Licensing Executive Society amicus brief, in the U.S. Supreme Court Cuozzo case on broadest reasonable interpretation (BRI) of patent claims in IPRs, described BRI with this analogy: