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Federal Circuit Interprets 'Broadest Reasonable Interpretation' Claim Construction Standard
On June 16, 2015, a unanimous Federal Circuit panel of Chief Judge Laurie, Circuit Judge Prost, and District Judge Gilstrap (sitting by designation from the Eastern District of Texas), issued an opinion, authored by Judge Prost, in Microsoft Corp. v. Proxyconn, Inc., Case No. 2014-1542, 1543. The panel reversed some claim constructions of the United States Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB), affirmed others, and remanded.
The appeal began as an inter partes review (IPR) of a patent related to packet-switched networks owned by Proxyconn (the '717 patent). Microsoft appealed the PTAB's finding of patentability of one of the claims, and Proxyconn cross-appealed the finding of unpatentability of several other claims, as well as the denial of its motion to amend. The USPTO then-Deputy Director, now Director intervened to clarify the PTAB's “broadest reasonable interpretation standard” in IPR claim construction. Slip op. at 2-3. The Federal Circuit reviewed the PTAB's claim constructions de novo, “because the intrinsic record fully determine[d] the proper construction.” Id. at 6.
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Major Differences In UK, U.S. Copyright Laws
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