During the first-ever hearing in an inter partes review proceeding, a three-judge panel of the Patent Trial and Appeal Board considered arguments about Garmin International Inc.’s bid to invalidate a speed limit indicator patent by Cuozzo Speed Technologies. The judges also delved into the claim construction of Cuozzo’s patent.

Patrick Doody, an IP partner in Pillsbury’s Northern Virginia office, commented that claim construction could play a crucial role in future inter partes reviews.

“Typically, the patent owner wants the construction to be broader to catch infringers. But it's a double-edged sword, because if you go too broad, it invalidates your claim,” Doody said. “That's what happened here. Cuozzo wanted a broader claim construction, and Garmin said it made [the patent] invalid.”