Yesterday, the Supreme Court issued its decision in SAS Institute Inc. v. Iancu, rejecting the Patent Office’s practice of instituting IPR proceedings for some, but not all, claims challenged in a petition. In a 5-4 decision, the Supreme Court held that when the Patent Office institutes an IPR, it must decide the patentability of all […]
Earlier today, the Supreme Court issued its decision in Cuozzo. The decision preserves the status quo for PTAB trials by (1) confirming that decisions to institute trial by the PTAB are not reviewable and (2) finding that the PTAB reasonably acted within its rulemaking authority in construing claims under the broadest reasonable interpretation (BRI) standard. Institution Decision Not Reviewable: […]
The Supreme Court heard oral arguments yesterday in Cuozzo Speed Technologies v. Lee, a case that challenges the appropriateness of broadest reasonable interpretation (BRI) in IPR proceedings and the judicial reviewability of institution decisions. The majority of the time was spent on the BRI question. On this issue, the leanings of the justices appeared to […]