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Supreme Court Ruling on AIA-POST Grant Proceedings

On June 20, 2016, the Supreme Court finally put to the rest the question of whether or not the Patent Office can use a different standard from the district court in reviewing the claim constructions under the AIA-post grant proceedings.  The Court held the different standard is acceptable and includes the broadest reasonable interpretation in light of the specification of the patent.  It is significantly easier for the Petitioner to invalidate the claims under this standard than the plain and ordinary meaning standard applicable at the district court.  The link to the full decision can be found here:  http://www.supremecourt.gov/opinions/15pdf/15-446_ihdk.pdf

About the Author

Babak Akhlaghi is an adjunct professor at University of Maryland, where he teaches legal aspects of entrepreneurship. Babak is also a registered patent attorney and the Managing Director at NovoTech Patent Firm, where he assists inventors in protecting and monetizing their inventions. He is also a co-author of the "Patent Applications Handbook," which has been updated and published annually by West Publications (Clark Boardman Division) since 1992. One of his distinguished accomplishments involves guiding a startup through the patent application process, which led to substantial licensing opportunities that significantly enhanced the company's strategic value.

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