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« The VENUE Act -- A Last-Ditch Attempt at Patent Reform? | Main | Court Report »

March 29, 2016

Comments

Re: "The panel also noted in a footnote that it was issuing its decision rather than await the Supreme Court's decision in In re Cuozzo Speed Tech. LLC v. Lee, because TriVascular was arguing for a broader rather than narrower construction."
Thanks for noting that. It is an important point, but ironic, since that was also true for Cuozzo!
However, the important distinction is that here it was the Petitioner, not the patent owner, seeking a broader claim interpretation. The patent owner won this IPR based on a narrow BRI claim scope interpretation.

Thanks, Paul, for reinforcing that message. Agreed it is an important distinction.

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