In PPC Broadband Inc. v. Corning Optical Commc’ns, Docket No. 2015-1364 (Fec. Cir. 2016), the Federal Circuit strongly relied on the intrinsic evidence of the specification to limit the Patent and Trial Appeal Board’s broadest reasonable interpretation of a term at issue. During the instituted inter partes review (IPR) of US Patent 8,323,060, the PTAB construction of the term “reside around” resulted in a meaning of “in the immediate vicinity of; near”. Id. at p. 5. As a result of this interpretation, the PTAB determined that the claims at issue reciting this term were obvious. Reviewing the claims de novo (based on intrinsic evidence) and its factual determinations (based on extrinsic) for substantial evidence per In re Sullivan, 498 F.3d. 1345, 1350 (Fed. Cir. 2007), the Court remanded the IPR proceedings for further proceedings.
On November 5, 2015, the United States Court of Appeals for the Federal Circuit (CAFC) handed down its decision in Belden Inc. v. Berk-Tek LLC regarding an appeal of the decision of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) in Inter Partes Review No. IPR2013-00057. For only the second time ever, the CAFC partially reversed the PTAB in an inter partes review proceeding.