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Jun 21, 2016

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

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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 Leahy-Smith America Invents Act (“AIA”). Ruling against the patent owner, the Court approved of a rule by which the U.S. Patent & Trademark Office (“Office”) interprets patent claims as broadly as the patent will allow, making it easier for a challenger in inter partes review (“IPR”) to prove that the claims are unpatentable. At the same time, the Court upheld the statute barring judicial review of decisions to institute IPR, but left the scope of this bar uncertain.

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

Authors and Contributors

Mark Hannemann

Partner

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Thomas R. Makin

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Matthew Berkowitz

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Patrick Colsher

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Eric Lucas

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New York

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