News & Analysis as of

Cuozzo Speed Technologies

Wilson Sonsini Goodrich & Rosati

2016 PTAB Year in Review

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

Goodwin

Issue One: Keeping Tabs on the PTAB

by Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

McDermott Will & Emery

Federal Circuit Panel Urges Court to Revisit Reviewability of § 315(b) En Banc

by McDermott Will & Emery on

Addressing jurisdictional issues on remand from the Supreme Court of the United States, the US Court of Appeals for the Federal Circuit dismissed an appeal of a Patent Trial and Appeal Board (PTAB or Board) decision to...more

Mintz Levin - Global IP Matters

PTAB Vacating Its Initial Institution Decision is Not Appealable, Federal Circuit Says

The Federal Circuit reaffirmed last week that the Patent Trial and Appeal Board’s (PTAB’s) decision to discontinue inter partes review (IPR) proceedings is not reviewable on appeal. In Medtronic, Inc. v. Robert Bosch...more

Mintz Levin - Global IP Matters

CAFC’s Husky Decision Makes Sledding Tougher for Patent Owners in PTAB Appeals

The Federal Circuit recently determined that it lacked jurisdiction to review the Patent Trial and Appeal Board’s determination that assignor estoppel has no affect in an inter partes review (“IPR”). The majority’s decision...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - July 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

Latham & Watkins LLP

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

by Latham & Watkins LLP on

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

Goodwin

Supreme Court Affirms Federal Circuit in Cuozzo Speed Technologies LLC

by Goodwin on

Addressing the America Invents Act proceedings for the first time, the Supreme Court’s decision in Cuozzo Speed Technologies LLC v. Lee largely maintained the status quo. The Court held that the Patent Trial and Appeal...more

Davis Brown Law Firm

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

by Davis Brown Law Firm on

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

Eversheds Sutherland (US) LLP

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

Foley & Lardner LLP

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

by Foley & Lardner LLP on

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

Lathrop Gage

Supreme Court Affirms USPTO Claim Construction Test

by Lathrop Gage on

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

Harness, Dickey & Pierce, PLC

PTAB Designates Five Decisions as Precedential

To date, the PTAB has been stingy in its designation of panel decisions as “precedential.” Indeed, before now, only 3 decisions in the AIA era had been designated as precedential. That number increased dramatically on May 10,...more

Brooks Kushman P.C.

Supreme Court Hears Oral Arguments In First Appeal From AIA Post-Grant Proceeding: Justices Focus on Practical Consequences of...

by Brooks Kushman P.C. on

On April 25, 2016, the U.S. Supreme Court heard oral arguments in its first appeal from a decision by the USPTO’s Patent Trial and Appeal Board (“PTAB” or “Board”) in an inter partes review proceeding (“IPR”) under the...more

Harness, Dickey & Pierce, PLC

Supreme Court Hears Arguments in Cuozzo Case

We should soon find out whether the Federal Circuit will again face reversal at the hands of the Supreme Court in a patent case. On April 25, 2016, the Court heard oral arguments in the case of In re Cuozzo, the first IPR...more

Bryan Cave Leighton Paisner

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

by Bryan Cave Leighton Paisner on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Preview -- Cuozzo Speed Technologies, LLC v. Lee -- Question 2

On March 4, the Supreme Court announced that the Cuozzo Speed Technologies, LLC v. Lee appeal would be argued on April 25, 2016 (the last week of oral hearings for the October Term 2015). As we reported previously, the...more

McDermott Will & Emery

Cuozzo Expanded to CBMs to Bar Appellate Review of Institution Decisions - SightSound Tech., LLC v. Apple Inc.

by McDermott Will & Emery on

Addressing the bar on appellate reviewability of the Patent Trial and Appeal Board’s (PTAB or Board) decisions, the U.S. Court of Appeals for the Federal Circuit concluded that § 324(e) bars review of the Board’s decision to...more

Morrison & Foerster LLP

Will the Supreme Court Put the Brakes on the IPR Trend? Cuozzo Speed Tech., LLC v. Lee

by Morrison & Foerster LLP on

Not so fast: the United States Supreme Court is set to review the America Invents Act’s (“AIA”) fast-track inter partes review (“IPR”) process. On January 15, 2016, the Supreme Court granted certiorari in Cuozzo Speed...more

Snell & Wilmer

Supreme Court to Address IPR Proceedings & Willful Infringement

by Snell & Wilmer on

The Supreme Court will continue to shape patent law in 2016, addressing critical components of the widely-popular Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board, and examining the standard for...more

Harness, Dickey & Pierce, PLC

Supreme Court to Review Two Key IPR Issues

On January 16, 2016, the Supreme Court granted certiorari on Cuozzo Speed Technology’s petition to review In re Cuozzo Speed Tech., 793 F.3d 1268 (Fed. Cir. 2015). Cuozzo presented two questions, and the Court has accepted...more

Foley & Lardner LLP

U.S. Supreme Court Accepts Appeal of First Inter Partes Review Decision: Could Mark a Significant Turning Point in Claim...

by Foley & Lardner LLP on

The Appeal by Cuozzo Speed Technologies - The U.S. Supreme Court accepted its first appeal from the Federal Circuit involving an inter partes review (IPR) styled Cuozzo Speed v. Lee, which is also the first time the...more

Harness, Dickey & Pierce, PLC

Supreme Court to Review Important IPR Questions

Supreme Court granted Cuozzo’s Petition for Certiorari regarding two important questions affecting post-grant reviews: ..Whether the Court of Appeals erred in holding that in proceedings, the Board may construe claims...more

Dentons

Potential Havoc at the PTAB - The US Supreme Court granted certiorari on issues that could wreak havoc with pending patent cases

by Dentons on

Last Friday, the Supreme Court of the United States (SCOTUS) granted certiorari to consider two hotly contested issues that may have a very strong impact on inter partes reviews (IPR)[1] at the Patent Trial and Appeal Board...more

Foley & Lardner LLP

Supreme Court Accepts 1st IPR Appeal: Cuozzo Could Mark Turning Point for Patent Owners

by Foley & Lardner LLP on

On January 15, 2016, the Supreme Court granted certiorari in Cuozzo Speed v. Lee, which represents the first time the high Court will address an AIA proceeding, in this case an IPR decision. Based on the questions presented...more

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