The CAFC expressly declares that the disclaimers of the patentee during the IPR are not binding on the patentability analysis of the PTAB
“In short, if patentees could freely modify their claims through arguments in an IPR, they could avoid the public protection amendment process mandated by Congress. It can’t be.” – CAFC Judge Timothy Dyk Earlier today, the United States Court of Appeals for the Federal Circuit (CAFC) issued a landmark decision in CUPP Computing AS vs. …