Late Filed Terminal Disclaimer Does Not Change Claim Construction Standard

Authored by Michelle Carniaux

In a previous post, we reported a situation in which a Patent Owner filed a terminal disclaimer to disclaim the remaining term of its patent shortly before the scheduled date for its oral hearing in an attempt to effectively derail its Inter Partes Review proceeding. Specifically, the Patent Owner argued that because it filed its terminal disclaimer, the PTAB must apply a district court-like claim construction analysis to its claims rather than broadest reasonable interpretation (“BRI”). Since the PTAB’s institution of the IPR and all evidence in the proceeding was based on a BRI of the claims, the Patent Owner argued that the proceeding should now either be terminated, or at least delayed.

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