InterDigital Inc (IDCC)

[olddog967]

my3sons: Apparently the new standard only applies to new cases at the USPTO, not to prior decisions that may be under appeal.

The following is from a recent (January 10) CAFC precedential decision:

"Those claim construction principles are important even in an inter partes review proceeding like this one, in which the claims were properly given the “broadest reasonable interpretation” consistent with the specification.(4)"


"(4)This standard has recently changed. For petitions
filed on or after November 13, 2018, the Board will apply
the Phillips claim construction standard. See Changes to
the Claim Construction Standard for Interpreting Claims
in Trial Proceedings Before the Patent Trial and Appeal
Board, 83 Fed.Reg. 51340 (Oct. 11, 2018) (to be codified
at 37 C.F.R. pt. 42)."

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-1154.Opinion.1-10-2019.pdf