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Paul Berghoff

is a founder of McDonnell Boehnen Hulbert & Berghoff LLP. Mr. Berghoff has three decades of experience as lead trial counsel in complex patent litigation – both jury and bench trials – concentrating in litigation involving pharmaceuticals, medical devices, biotechnology, electronics, and software. He has coordinated complex, worldwide patent litigations for many of his Fortune 500 clients and has argued numerous times before the U.S. Court of Appeals for the Federal Circuit. For more information, or to contact Mr. Berghoff, please visit his firm profile page.

Recent Articles by Paul Berghoff

To BRI or Not to BRI, That Is the Question

A good argument can be made that a given panel of PTAB judges will construe claims in the manner that makes most sense to them, regardless of the legal rubric they are assigned. Indeed, we can draw a direct analogy from the experience following the Supreme Court’s decision in Teva v. Sandoz on the degree of appellate deference to be accorded to a district court’s claim construction. Notwithstanding decades of anticipation surrounding that issue, there has been little practical effect on the outcomes of litigations or appeals as a result of Teva. District court judges and Federal Circuit panels still approach claim construction issues in essentially the same way they did before. It seems likely that the use of BRI versus plain and ordinary meaning in inter partes review proceedings will also turn out to be much ado about nothing.