News & Analysis as of September 24, 2024

Cuozzo Speed Technologies

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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 -

The End of the Fight Against Fintiv

BakerHostetler on 5/24/2024

Inter partes reviews (IPRs) and post-grant reviews (PGRs) are proceedings in front of the Patent Trial and Appeal Board (PTAB) that allow a petitioner to challenge a patent’s validity and a patent owner to defend that...more

2016 PTAB Year in Review

Wilson Sonsini Goodrich & Rosati on 1/25/2017

Wilson Sonsini Goodrich & Rosati is pleased to present our 2016 PTAB Year in Review. We begin with a look at 2016 activity at the Patent Trial and Appeal Board (PTAB), which again ranked as the busiest jurisdiction in the...more

Intellectual Property Law - July 2016

Manatt, Phelps & Phillips, LLP on 7/8/2016

Supreme Court: Status Quo in Cuozzo - Why it matters: On June 20, 2016, the Supreme Court decided Cuozzo Speed Technologies v. Lee, where it rejected challenges to the Patent Trial and Appeal Board (PTAB) inter partes...more

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

Latham & Watkins LLP on 6/23/2016

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

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

Dentons on 6/22/2016

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

Eversheds Sutherland (US) LLP on 6/22/2016

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

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

Foley & Lardner LLP on 6/21/2016

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 Affirms USPTO Claim Construction Test

Lathrop GPM on 6/21/2016

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

Patent Office Issues Final Rule Amending the Rules of Practice for Trials at the PTAB

Bryan Cave Leighton Paisner on 4/25/2016

The U.S. Patent and Trademark Office (Patent Office) has issued a final rule that addresses aspects of trial practice for America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB), takes effect May...more

Is Inter Partes Review Set for Supreme Court Review?

K&L Gates LLP on 10/19/2015

In re Cuozzo Speed Tech., LLC presented the Federal Circuit with its first opportunity to address important, open questions about how the Patent Trial and Appeal Board (PTAB) handles its relatively new Inter Partes Review...more

Achates Reference Publishing, Inc. v. Apple Inc. (Fed. Cir. 2015)

McDonnell Boehnen Hulbert & Berghoff LLP on 10/2/2015

Earlier this week, in the Achates Reference Publishing, Inc. v. Apple Inc. case, the Federal Circuit reaffirmed the holding in In re Cuozzo Speed Techs., LLC that it could not review any decision by the Patent Trial and...more

PTAB Prevails in First Appeal of a CBM Review - Versata Development Group, Inc. v. SAP America, Inc.

McDermott Will & Emery on 9/4/2015

In the first appeal of a covered business method (CBM) review, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB or Board) decision, and explained that the eligibility of a...more

Broadest Reasonable Interpretation Persists as Standard for Claim Construction in AIA Proceedings - In re Cuozzo Speed Techs., LLC

McDermott Will & Emery on 9/4/2015

In a deeply divided opinion addressing the claim construction standard in post-grant America Invents Act (AIA) proceedings, the U.S. Court of Appeals for the Federal Circuit denied a petition for rehearing en banc, leaving in...more

USPTO Announces Second Round of AIA Rule Changes

K&L Gates LLP on 8/24/2015

On August 20, 2015, the Patent and Trademark Office published, in the Federal Register, a set of “Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board” that would amend 37 CFR Part 42. Among...more

PTAB Opens Door for Amendments in Post-Grant Review Proceedings

Polsinelli on 7/29/2015

In a decision that sends a clear message to Patent Owners that the Patent Trial and Appeal Board (PTAB) is opening the door for amendments in post grant review proceedings, on July 15, 2015 the PTAB issued a new order...more

Should the Federal Circuit Be Reviewing Any Part of the Decision to Institute? -- The Versata Dissent-in-part

McDonnell Boehnen Hulbert & Berghoff LLP on 7/17/2015

As we reported earlier, the Federal Circuit recently affirmed the PTAB's Final Written Decision in the Versata Development Group v. SAP America, Inc. case -- the first appeal under the covered business method ("CBM") patent...more

A Divided Federal Circuit Confirms Broadest Reasonable Interpretation for Claims in Inter Partes Review on Rehearing

Wilson Sonsini Goodrich & Rosati on 7/10/2015

On July 8, 2015, the U.S. Court of Appeals for the Federal Circuit, split 6-5, denied rehearing of its earlier decision, In re Cuozzo Speed Technologies, LLC, 778 F.3d 1271 (Fed. Cir. 2015), in which the court upheld the use...more

Federal Circuit Panel Blesses BRI Standard for Claim Construction at PTAB But Another Panel May Not

Troutman Pepper on 4/6/2015

The Cuozzo v. Garmin case, discussed in our blog in January, has been decided in favor of the U.S. Patent and Trademark Office (USPTO). A divided panel decided 2-1 to uphold the USPTO’s claim construction standard used by the...more

Recent IPR Guidance From a Trio of Forums

Faegre Drinker Biddle & Reath LLP on 3/17/2015

As inter partes review (IPR) practice continues to develop and practitioners feel their way around the edges, the last month brought helpful guidance from a trio of forums: the Federal Circuit, the Central District of...more

Federal Circuit Affirms PTAB’s Lack of Patentability Ruling in First-Ever AIA Review - In re Cuozzo Speed Techs., LLC

McDermott Will & Emery on 3/3/2015

Addressing for the first time an appeal of an America Invents Act review decision out of the U.S. Patent and Trademark Office’s (PTO’s) Patent Trial and Appeal Board (PTAB or Board), the U.S. Court of Appeals for the Federal...more

Federal Circuit affirms PTAB in first IPR final written decision appeal

BakerHostetler on 2/17/2015

The Federal Circuit recently issued its first ruling on an appeal from an inter partes review (IPR) final written decision, In re Cuozzo Speed Technologies. In doing so, the court affirmed the USPTO’s Patent Trial and Appeal...more

Court Rules PTAB Decision to Institute AIA Review Is Final, Cannot be Appealed

Polsinelli on 2/12/2015

In the first-ever ruling in an appeal of an American Invents Act review decision, the Federal Circuit Court of Appeals affirmed last week that a speed limit indicator patent is invalid. As an initial issue in the decision on...more

IN RE CUOZZO SPEED TECHNOLOGIES, LLC, Federal Circuit Upholds Patent Trial and Appeals Board Decision in First Appeal of Inter...

Orrick, Herrington & Sutcliffe LLP on 2/6/2015

On February 4, 2015, the Federal Circuit issued an opinion in In re Cuozzo Speed Technologies, LLC, No. 2014-1301, upholding a final decision of the Patent Trial and Appeal Board (PTAB) to invalidate claims of a patent...more

Federal Circuit Affirms PTAB in First Completed Inter Partes Review Appeal

Goodwin on 2/6/2015

On February 4, 2015, the United States Court of Appeals for the Federal Circuit issued its first precedential decision reviewing a completed inter partes review (IPR) proceeding under the America Invents Act. The Court held...more

Federal Circuit Upholds Patent Office’s First Decision of Unpatentability in an Inter Partes Review

Foley & Lardner LLP on 2/5/2015

Today in In re Cuozzo Speed Technologies, LLC, No. 14-1301, a majority (Judges Dyk and Clevenger) affirmed the Patent Trial and Appeal Board’s (PTAB) decision to deem certain claims of a speed limit indicator patent...more

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