Patent Puzzles after the Supreme Court’s 2024 Administrative Law Cases: Stare Decisis, Rulemaking, and Discretion
Patently O
JULY 24, 2024
But the claim construction regulation that the Court upheld as reasonable in Cuozzo is of course different from the regulation currently in place. In November 2018, the USPTO replaced the BRI standard with the claim construction approach used in Article III litigation, which was articulated by the Federal Circuit in Phillips v.
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