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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 a registered patent attorney and the Managing Director of NovoTech Patent Firm, where he helps technology companies build investor‑grade patent portfolios that support fundraising, defensibility, and long‑term competitive advantage. His practice centers on patent strategy, portfolio architecture, and high‑leverage drafting for companies developing AI, machine learning, quantum computing, advanced software‑driven systems, robotics, and other emerging technologies.

Babak is also a permanent Adjunct Professor at the University of Maryland, where he teaches Legal Aspects of Entrepreneurship, bringing real‑world IP strategy experience directly into the academic environment.

He is a co‑author of the Patent Applications Handbook, published annually by West Publications (Clark Boardman Division) since 1992, and widely used by practitioners as a technical and procedural reference.

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