Claim Constructions Under the Broadest Reasonable Interpretation Standard Must be Reasonable, PTAB Litigation Blog

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On July 13, 2018, the Federal Circuit reversed the PTAB’s finding that claims 1-5 and 11 of U.S. Patent No. 8,651,118 ("the ’118 Patent") are anticipated by U.S. Patent No. 4,148,330 ("Gnaga") and Japanese Application No. 61-10102 ("Hoshino"). See TF3 Limited v. Tre Milano, LLC, __ F.__, slip op. (Fed. Cir. 2018). The Federal Circuit criticized the PTAB’s claim constructions as unreasonably broader than the specification. Under the correct claim construction, the Federal Circuit found the claims are not anticipated.

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