“[U]nder the APA, when the Board adopts a new claim construction following institution, an IPR petitioner must have adequate notice and an opportunity to respond under the new construction.” – CAFC ...

A Court of Appeals for the Federal Circuit ruling this week highlights the importance of anticipating potential claim construction arguments when filing Patent Trial and Appeal Board petitions, say ...

“The CAFC asserted that allowing Google to press a specific claim construction on appeal that it did not present to the Board would deprive the Board of its role in reviewing the rejection of patent ...