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The standard the PTAB is required to use, according to the USPTO, in reviewing these claim constructions is the broadest reasonable interpretation (BRI) claim construction standard.

Justices Samuel Alito and Sonia Sotomayor dissented on this issue by concluding the PTAB’s decision to grant IPR review cannot be immediately appealed, but after the proceeding the PTAB’s findings should be subject to court review.

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Cuozzo was the first company to have its already-issued patent canceled in an IPR proceeding, and it argued the PTAB’s standard of review should align with the more narrow standard used by district courts; the “plain and ordinary meaning” of a claim term construction.

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