Re: Wrap your head around this. (CAFC - Virnetx mention)
Excerpt:
“We now make precedential the straightforward conclusion we drew in an earlier nonprecedential opinion: ‘[T]he Board is not required to accept a patent owner’s arguments as disclaimer when deciding the merits of those arguments,’ wrote Judge Timothy Dyk, citing to the Federal Circuit’s 2019 decision in VirnetX Inc. v. Mangrove Partners Master Fund, Ltd.
Judge Dyk elaborated that allowing patentees to tailor claims during IPR through argument alone would frustrate the Congressional purpose in enacting IPR trials, especially Congress’ grant of significant power to revise patent grants to keep “patent monopolies” within their legitimate scope."