America Invents Act

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +
The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition.  less -
News & Analysis as of

Litigation Alert: Supreme Court Leaves Intact PTAB Authority to Institute and Regulate Inter Partes Review Proceedings

This week in Cuozzo Speed Technologies, LLC v. Lee, the United States Supreme Court decided two important questions related to the power of the Patent Trial and Appeal Board (PTAB) over inter partes review proceedings. First,...more

Federal Circuit Rules That PTAB May Base AIA Trial Decision on Facts Outside Petition for Review

The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision by the USPTO Patent Trial and Appeal Board (PTAB) invalidating two patents after an inter partes review proceeding, even though the decision...more

Supreme Court Affirms PTAB’s “Broadest Reasonable” Claim Construction Standard

Supreme Court sides with Patent Office’s rulemaking authority. On Monday, June 20, 2016, the US Supreme Court issued its eagerly awaited Cuozzo decision, affirming the Federal Circuit’s decision. Specifically, the Court:...more

Alert: Supreme Court's Cuozzo Decision Signals PTO Invalidity Proceedings Here to Stay

The Supreme Court issued a decision this week that is significant for all companies that operate in patent-intensive industries. In Cuozzo Speed Technologies, LLC v. Lee, — S.Ct. — (2016), the Supreme Court considered...more

Cuozzo V. Lee: Supreme Court Affirmed That Claims Should Be Given Their Broadest Reasonable Interpretation In Inter Partes Review

On June 20th, in Cuozzo v. Lee, the Supreme Court affirmed the Federal Circuit holding that claims should be given their broadest reasonable interpretation in inter partes review proceedings....more

Supreme Court Affirms Cuozzo, Upholding PTAB's Claims Construction Standard and Non-Appealable Nature of Inter Partes Review

This article contains important information relating to recent developments in patent law and, as such, is intended for an audience that either currently owns a patent or is in the process of obtaining one. The Supreme...more

Solidifying Claim Construction in Inter Partes Review – Cuozzo Allows Patent Office to Govern the Inter Partes Review Process

On June 20, the U.S. Supreme Court’s decision in Cuozzo Speed Technologies, LLC v. Lee, 2016 WL 3369425 (June 20, 2016) upheld the Patent Office’s long-held policy of construing a patent claim according to its broadest...more

Supreme Court Upholds the PTAB’s Status Quo in Cuozzo

On June 20, 2016, the Supreme Court issued its opinion in Cuozzo Speed Technologies, LLC v. Lee, which unanimously upheld the “broadest reasonable construction” claim construction standard (BRI) used by the Patent Trial and...more

Supreme Court Maintains Status Quo on Broadest Reasonable Claim Interpretation Test and Non-Appealability of Institution Decisions

On June 20, 2016, the U.S. Supreme Court issued its opinion in Cuozzo Speed Technologies LLC v. Lee, No. 15-4461, an appeal of an institution and cancellation decision in the first-ever petition for inter partes review...more

Supreme Court Upholds Federal Circuit’s Cuozzo Decision - PTAB IPR Institution Decisions Not Appealable; Broadest Reasonable...

On June 20, 2016, the Supreme Court issued its opinion in Cuozzo Speed Techs., LLC v. Lee, No. 15-446, affirming the Federal Circuit’s rulings that the U.S. Patent and Trademark Office’s (“PTO”) Patent Trial and Appeal...more

Supreme Court Defers to the Patent Office on Institution and Management of Post-Grant Proceedings

In Cuozzo Speed Technologies, LLC v. Lee, the Supreme Court handed a victory to the Patent Office, affirming its broad discretion in the institution and management of post-issuance proceedings created by the Leahy-Smith...more

Supreme Court Affirms “Broadest Reasonable Construction” Standard in IPR, but Leaves Questions on Scope of Judicial Review

On June 20, 2016, the U.S. Supreme Court released its much-anticipated decision in Cuozzo Speed Technologies, LLC v. Lee, the first Supreme Court case to pass upon the post-grant patent review procedures created by the...more

Supreme Court Affirms Cuozzo – Leaving in Place BRI and Judicial Review Limitation for IPR Proceedings

In Cuozzo Speed Technologies, LLC v. Lee, No. 15-446, the Supreme Court affirmed the Federal Circuit’s holdings on claim construction and the scope of judicial review in an inter partes review (IPR) proceeding....more

Cuozzo Furthers the USPTO’s Authority in Managing Its Agency Proceedings

In the much-anticipated United States Supreme Court decision this week, Cuozzo Speed Tech., LLC v. Lee, the Supreme Court upheld two important aspects of practice before the Patent Trial and Appeal Board (“PTAB”). ...more

U.S. Supreme Court Decides Cuozzo v. Lee: Upholds General Bar Against Appealing PTAB's Institution Decisions and Affirms Use of...

On June 20, 2016, the United States Supreme Court affirmed the decision of the Court of Appeals for the Federal Circuit in Cuozzo Speed Technologies v. Lee. The Supreme Court granted certiorari to consider two questions....more

The Supreme Court Rules the PTAB and District Courts Can Continue to Apply Different Standards for Interpreting Patent Claims

Patent litigators and prosecutors have been waiting to hear whether the U.S. Supreme Court would require the United States Patent and Trademark Office (“USPTO”) to apply the same claim construction standard as the district...more

Supreme Court Defers to Patent Office on IPR Procedure, Cuozzo Speed Tech., LLC v. Lee

The United States Supreme Court decided today that: (1) the United States Patent and Trademark Office (PTO) acted within its rulemaking authority by adopting the rule that patent claims must be given their “broadest...more

U.S. Supreme Court Upholds Broadest Reasonable Interpretation Standard, and Affirms Federal Circuit’s Lack of Authority to Review...

The Appeal by Cuozzo Speed Technologies - On June 20, 2016, the U.S. Supreme Court issued its opinion in Cuozzo Speed v. Lee, affirming the Federal Circuit’s prior ruling on an appeal taken from the Patent Trial and...more

Supreme Court refuses to alter patent office administration of inter partes reviews

On Monday, June 20, 2016, the US Supreme Court issued its first decision interpreting the provisions of the 2012 America Invents Act (AIA). The court sided with the US Patent and Trademark Office (USPTO), as well as the...more

Supreme Court Affirms USPTO Claim Construction Test

On June 20, 2016, the Supreme Court issued its highly anticipated decision in Cuozzo Speed Technologies v. Lee. The Court unanimously held the United States Patent and Trademark Office (USPTO) can give claims in inter partes...more

US Supreme Court affirms Federal Circuit on IPR Claim Construction Standard and that IPR Institution Decisions are Final and...

Yesterday, the US Supreme Court affirmed the Federal Circuit in Cuozzo v. Lee by confirming (i) the US Patent and Trademark Office ("PTO") application of the broadest reasonable construction ("BRI") standard to claim...more

Supreme Court Affirms USPTO’s Broadest Reasonable Construction Standard for IPRs

In Cuozzo Speed Technologies, LLC v. Lee, the Supreme Court unanimously affirmed the United States Patent and Trademark Office’s (“USPTO’s”) standard for construing patent claims in an inter partes review (“IPR”), a...more

Cuozzo Speed Technologies LLC v. Lee (2016)

In its first pronouncement regarding the post-grant reviewing proceedings established by the America Invents Act ("AIA"), the Supreme Court ruled that the Patent and Trademark Office's positions on two of the law's provisions...more

Supreme Court Affirms “Broadest Reasonable Interpretation” Claim Construction Standard and Limited Appeals For AIA Trials

On June 20, 2016, the U.S. Supreme Court decided Cuozzo Speed Technologies, LLC v. Lee, No. 15-446. The Court affirmed the decision of the U.S. Court of Appeals for the Federal Circuit, holding that the USPTO acted within its...more

Supreme Court Affirms Broader Claim Construction Standard in IPRs

PTAB’s Institution Decision Remains Largely Unreviewable - What You Need To Know - Summary - In its first case addressing an Inter Partes Review (“IPR”), the Supreme Court’s In re Cuozzo decision unanimously...more

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