IP Litigators Address Key PTAB Issues in Law.com
In a Mar. 30 article published by Law.com’s “Skilled in the Art,” intellectual property litigation partner Scott McKeown (Washington, D.C.) discusses how the Patent Trial and Appeal Board is gearing up to adopt a Phillips claim construction standard for post-grant proceedings in place of the more relaxed broadest reasonable interpretation.
Separately, the article quotes IP litigation counsel Matthew Rizzolo (Washington, D.C.) concerning MerchSource v. Dodocase VR. Mr. Rizzolo explains that in this case the Federal Circuit appears ready to decide whether licensees can bargain away their rights to challenge patents in PTAB inter partes review proceedings.