"A panel of three judges of the Federal Circuit affirmed the PTAB and upheld the use of BRI during IPR, stating that there was “no indication that the AIA was designed to change the claim construction standard that the PTO (US Patent and Trademark Office) has applied for more than 100 years” and that the BRI “standard has been applied in every PTO proceeding involving unexpired patents.” 6

""The government argued that Congress had left it to the PTO to decide which standard to use during IPR. 9 The government’s position is that because the PTO uses BRI throughout examination and in most other proceedings, the PTO’s decision to use BRI during IPR proceedings was reasonable and is “precisely the sort of expert judgment that warrants judicial deference.”"

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Funny how they do not not associate that BRI was used to approve claims for patents for over 100 years. Where now BRI is being used to dissolve claims of patents that were approved under the same considerations.

In reading the Supreme Courts minutes for the Cuozzo Speed Technologies, LLC v. Lee. , one of the judges was hitting on this logic, but couldn't seem to spit it out and his considerations went to the way side unrealized.

Whatever, the politics are sickening...and that is what it is, dancing around nonsense.

doni