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Judicial Review Broadest Reasonable Interpretation Standard

Jones Day

Proposed Rule: No More BRI in PTAB Trials

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Today, the USPTO issued a press release announcing a Notice of Proposed Rulemaking for Claim Construction Standards used in PTAB Proceedings. The rule proposed by the Office would change the prior policy of using the Broadest...more

Mintz - Intellectual Property Viewpoints

USPTO Proposes Claim Construction Rule Change from BRI to Philips in AIA Review Proceedings

The U.S. Patent and Trademark Office announced a propose change to the standard for construing both unexpired and amended patent claims in Patent Trial and Appeal Board (PTAB) proceedings under the America Invents Act...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB: Summaries of Key 2017 Decisions

In 2016, the US Court of Appeals for the Federal Circuit docketed more appeals from the US Patent and Trademark Office (PTO) than any other venue—a first in its over 30-year history. The post grant proceedings created by the...more

Mintz - Intellectual Property Viewpoints

Supreme Court Decides Two Key Aspects of IPR in Cuozzo Speed Techs., LLC v. Lee

The U.S. Supreme Court ruled on June 20, 2016 in Cuozzo Speed Techs., LLC v. Lee that: (1) the statutory authority of the Patent Trial and Appeal Board (“Board”) in instituting an inter partes review (“IPR”) proceeding is...more

McDermott Will & Emery

Inter Partes Review Institution Decisions Not Appealable, Broadest Reasonable Interpretation Remains Standard

McDermott Will & Emery on

In Depth - The Supreme Court of the United States (Justice Breyer writing for the majority) affirmed a US Court of Appeals for the Federal Circuit decision barring judicial review of most decisions regarding institution...more

Troutman Pepper

Status Quo at the PTAB for Now: Supreme Court Makes No Change to IPR; Judicial Review and Claim Construction Standard Remain the...

Troutman Pepper on

The Supreme Court’s decision will not likely change much in the near term — especially in light of the fact that it made no express changes to PTO procedure for and regulations governing IPR. Last week, the U.S. Supreme...more

WilmerHale

Federal Circuit Patent Updates - June 2016

WilmerHale on

Cuozzo Speed Technologies, LLC v. Lee (No. 2015-446, 6/20/16) (Roberts, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor, Kagan) - June 20, 2016 12:49 PM - Breyer, J. Affirming Federal Circuit decision that the...more

Fenwick & West LLP

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

Fenwick & West LLP on

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

Ladas & Parry LLP

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

Ladas & Parry LLP on

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

Farella Braun + Martel LLP

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

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

Foley Hoag LLP

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

Foley Hoag LLP on

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

A&O Shearman

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

A&O Shearman on

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

Patterson Belknap Webb & Tyler LLP

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

Morrison & Foerster LLP

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

McDonnell Boehnen Hulbert & Berghoff LLP

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

Knobbe Martens

Supreme Court Affirms Broader Claim Construction Standard in IPRs

Knobbe Martens on

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

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - June 2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

Foley & Lardner LLP

Reading The Cuozzo Tea Leaves: Best Practices Pending The Supreme Court's Decision

Foley & Lardner LLP on

The Supreme Court of the United States heard oral argument today on claim construction in inter partes review (IPR) proceedings and the reviewability of institution decisions. On the claim construction issue, the Justices...more

Morrison & Foerster LLP

MoFo IP Newsletter - April 2016

The 2015 Changes to the Federal Rules Matter for Your Patent Case and Tech Business: Getting in the Courthouse Door Just Got Tougher - It used to be that a complaint for patent infringement would survive a motion to...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

Supreme Court to Consider (1) PTAB AIA Claim Construction and Reviewability of Institution Decisions and (2) Attorney Fee Awards...

McDermott Will & Emery on

The U. S. Supreme Court granted certiorari to review a panel decision of the U.S. Court of Appeals for the Federal Circuit’s decision that the U.S. Patent and Trademark’s Patent Trial and Appeal Board (PTAB or Board) was...more

Morrison & Foerster LLP

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

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

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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

Foley & Lardner LLP

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

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

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