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Re: nicklaus1 post# 20690

Wednesday, 01/27/2016 1:21:42 PM

Wednesday, January 27, 2016 1:21:42 PM

Post# of 46212
The authority given to the PTAB as a result of the AIA established by congress is not clear. This lack of clarity has created confusion and inconsistency within the judicial system, and everyone is now trying to second guess Congress' intent whether or not it meant for the PATB to apply the "broadest reasonable interpretation" or the "plain or ordinary meaning" standard. There is no right or wrong, or good or bad interpretation of congress's intent. However, the SCOTUS' interpretation or second guess Congress's intent can make the AIA become a bad, fair or good law.

Remember not so long ago SCOTUS had decided a "clear error" standard of review in Teva v. Sandoz regarding patent's claim construction. Now, by accepting Cuozzo Speed Technologies v. Lee, SCOTUS will be doing a similar thing in establish a standard that the Court and PTAB must apply in order to maintain uniforminity or consistency in the legal system.

I won't be able to judge the SCOTUS interpretation of Congress' intent as a right or wrong, or good or bad decision. But one thing I can judge is whether the SCOTUS' decision will turn the AIA into a bad, fair or good law. Let's wait for the SCOTUS to decide.


Exactly, and I believe they are going to change it back and make it consistent with courts plain or ordinary meaning. If you disagree short the IP sector or sell this. I believe this ruling is going to positively effect wddd. Not only do I think BRI will change,but sooner rather than later I believe that other parts of the AIA implementation will change. One being this ridiculous loophole for unrelated third parties to challenge patents. If that changes in the near future the bungie IPR could get tossed completely.

This is what happens when greed and corruption go too far. I think scotus is gonna reel this all in and legislation will quickly follow to reflect the changes and fill in the voids. Scotus knows full well when ipr challenges are voiding patents at a near 80% clip that the future of american innovation and ingenuity are at stake. To those that disagree place your bet and we'll see how it shakes out in 5 or so short months.

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