ARTICLE
30 June 2016

Supreme Court Affirms "Broadest Reasonable Construction" Standard In IPR, But Leaves Questions On Scope Of Judicial Review

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A&O Shearman

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A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
On June 20, 2016, the US 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...
United States Intellectual Property

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

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