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

Latham & Watkins LLP

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:

..Unanimously affirmed the Patent Office’s application of the broadest reason interpretation (BRI) in claim construction in PTAB proceedings — finding it to be a reasonable exercise of the Patent Office’s rulemaking authority.

..In a majority opinion, against the dissent of two justices, confirmed that the America Invents Act (AIA) bars challenges to the Patent Office’s decision to institute inter partes review. 35 U.S.C. § 314(d)

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