To “protect the public” from “unlawfully broad” claims, the US Supreme Court decided today to preserve the broader claim construction standard traditionally used by the U.S. Patent Office, for AIA reviews. Prompted by the relatively high rate of patent invalidations under AIA proceedings, some patent owners hoped that the Supreme Court would opt for common claim construction standards between the Patent Office and the District Courts. However, today’s decision, in the absence of legislative action, will continue the current trends.
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