Dueling Interpretations: The Conflict Arising from PTAB’s Use of Broadest Reasonable Interpretation for Claim Construction, 16 J. Marshall Rev. Intell. Prop. L. 134 (2016)

Claim Construction is the first hurdle in patent litigation to invalidate a patent. Traditionally, federal courts have interpreted claims in their plain and obvious meaning to a person skilled in the art. But a new avenue through post-grant proceedings at the patent office, such as inter-partes review, has created a worrying trend of increased patent invalidation. This comment will explore the consequences of the higher rate of invalidation, proposals suggested to solve the problem, and the actions of those who exploit it.