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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...
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.
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