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« Court Report | Main | Examination of Myriad-Mayo Guidance Comments -- University Community Joint Comment »

October 27, 2014


Can there be any doubt as to the "politicalness" of ALL of this "patent reform" propaganda?

Will there be any objective voices that are actually paid attention to?

Sadly, I remain...

For a somewhat more balanced perspective on this issue, see "Should PTAB Apply Broadest Reasonable Construction In IPR?"
Law360, New York (September 22, 2014,

Yes, IPRs make claim amendments difficult, and frequently find original claims invalid. But what evidence is there from IPR decisions to date that merely changing IPR claim interpretation from BRC to PTAB interpretations of the notoriously widely varying claim breadth interpretations between different Fed. Cir. panels would make a real difference to IPR decisions? The PTAB already does pay attention to noted actual prosecution history estoppel. The main difference in IPR outcomes vs D.C. jury decisions is the vastly better prior art searchs done by the IPR petitioners being sued and PTAB APJ patent attorneys being able properly read claims against cited prior art unlike many untrained jury members. Not even to mention that merely changing from BRC would still leave IPRs with no presumption of validity or requirement for clear and convincing evidence, and In re Zurko for appeals.

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