U.S. Supreme Court,
Intellectual Property
Jul. 7, 2016
Justices misguided in patent review case
At several points in the Cuozzo opinion, the Supreme Court attempts to draw parallels between IPRs and the patent application examination process at the USPTO.
The U.S. Supreme Court affirmed the Court of Appeals for the Federal Circuit last month in Cuozzo Speed Technologies v. Lee, 2016 DJDAR 5959 (June 20, 2016). In a decision that is potentially unfavorable for patent owners, the court held that the United States Patent and Trademark Office (USPTO) properly applied the broadest reasonable interpretation (BRI) standard for claim construction in inter partes review (IPR) proceedings.
Under the BRI standard, a claim is given "its ...
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