Kenneth Weatherwax, co-managing partner at Lowenstein & Weatherwax LLP, was quoted in a November 20, 2019 article by Ryan Davis of Law360 regarding the one-year anniversary of the USPTO Patent Trial and Appeal Board’s switch from applying the “broadest reasonable interpretation” standard to construe the scope of patent claims to the narrower claim construction standard used in federal court. Among other things, the article quoted Mr. Weatherwax’s observation that although the Board was now using the same standard as the courts, that was no guarantee that the Board and courts would agree on the proper result for any particular patent, and that the Board had yet to issue any final decisions yet under the new rule. The article may be accessed (subscription required) at this link.
