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October 10, 2018

Bob Stoll Quoted in IPWatchdog on the USPTO’s Final Rule Adopting Phillips Standard

Washington, D.C., partner and co-chair of the Intellectual Property Group Bob Stoll was quoted in the IPWatchdog article “USPTO Publishes Final Rule Adopting Phillips Standard at PTAB.” The article discusses the United States Patent and Trademark Office’s (USPTO) final rule in the Federal Register that will change the claim construction standard applied during inter partes review, post-grant review, and covered business method review proceedings before the Patent Trial and Appeal Board (PTAB). This rule will replace the broadest interpretation standard that the USPTO used to interpret claims since AIA administrative trial proceedings came online effective in 2012 with the Phillips standard, which is the same claim construction standard used to understand patent claims in patent infringement litigation in federal district courts.

According to the USPTO, over 300 comments were received in response to the May 9, 2018, Notice of Proposed Rulemaking. Concerning the comments, Bob said, “Director Iancu is to be commended for being responsive to the wide majority of parent practitioners who have raised concerns that the PTAB procedures were unfairly tilted against patent owners.”

Read “USPTO Publishes Final Rule Adopting Phillips Standard at PTAB.”

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