In re Cuozzo Speed Technologies, the Federal Circuit heard oral arguments on what should be the standard for interpreting patent claims in America Invents Act (AIA) trials.
One advantage for petitioners is the claims are currently subject to the broadest reasonable interpretation (BRI), which makes it easier to invalidate the claims. The policy underlying BRI is the claims can be amended to overcome prior art so should be subject to the broadest reasonable interpretation to avoid the claims being later interpreted too broadly in court. However, only one party has successfully amended claims in an IPR! This calls into question whether we should use a broad standard suitable for the original prosecution in the AIA trials. In the meantime, here is the Federal Circuit's MP3 audio recording of the arguments.
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