• Will Broadest Reasonable Interpretation in IPRs Get "Trumped?" It's Possible
  • August 18, 2017 | Author: Charles W. Shifley
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • February 3, 2017 — In 2016, the Federal Circuit and the Supreme Court both resolved that the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB) could have the PTO choice of having “broadest reasonable interpretation” (BRI) of patent claim terms in inter partes reviews (IPRs). The case at the Supreme Court was Cuozzo Speed Techs., LLC v. Lee, 136 S.Ct. 2131 (2016). But is it possible that BRI in IPRs could get changed as a result of our last federal elections that brought us the Trump administration and a new Congress? Surprisingly, it’s possible.