On Friday, January 15, 2016, the Supreme Court of the United States granted certiorari in Cuozzo Speed Technologies, LLC v. Lee, No. 15-446. The petition has been closely followed since it was filed on October 6, 2015, and the briefing addresses the following issues, which have been hotly debated since the inception of AIA post-grant review:
- Whether the Court of Appeals for the Federal Circuit erred in holding that, in inter partes review (IPR) proceedings, the Patent Trial and Appeal Board may construe claims in an issued patent according to their broadest reasonable interpretation (BRI) rather than their plain and ordinary meaning, as applied in federal district court; and
- Whether the Federal Circuit erred in holding that, even if the Board exceeds its statutory authority in instituting an IPR proceeding, the Board's decision whether to institute is judicially unreviewable.
Denied en banc rehearing by the Federal Circuit on July 8, 2015,
over five dissenting judges, this case involves the first AIA issue
to successfully reach the Supreme Court for consideration.
News and Media Resources
Wait, There's a Second Issue in Cuozzo?,
2/5/16
In re Cuozzo: Thumbs Up for the PTAB,
March 2015
In re Cuozzo: A Landslide Victory for the
U.S. Patent and Trademark Office, Almost, 2/13/15
Reading the Tea Leaves: In re Cuozzo and
the Federal Circuit's Consideration of PTAB Institution
Decisions and Claim Construction, 11/28/14
Finnegan Blog Posts
High Court Accepts First AIA Cast, Could Rule By
June 2016, 1/20/16
Review of Institution Decision Barred Unless Board
Exceeds Its Authority – A Tale of Two Decisions, In re
Cuozzo Speed Technologies and Versata v. SAP
America, 7/23/15
Divided Federal Circuit Panel Upholds
Non-Appealable Nature of PTAB Institution Decisions (Part II),
2/10/15
Divided Federal Circuit Panel Upholds Broadest
Reasonable Interpretation Standard, Non-Appealable Nature of PTAB
Institution Decisions (Part I), 2/6/15
Appeal of First IPR to Federal Circuit (Part II):
Oral Argument, 12/12/14
Appeal of First IPR to Federal Circuit (Part I):
Issues Presented in Briefing, 11/19/14
PTAB Applies Stringent Standards for Conception
and Reduction-to-Practice Standards, 12/3/13
The First IPR Is in the Books – Analysis of
the PTAB's Decision in Garmin v. Cuozzo: A Three Part
Series, 11/25/13
PTAB Denies Motion to Amend Claims in First IPR
Final Written Decision, 11/26/13
What Information Will the USPTO Allow to Be Sealed
During an IPR?, 4/24/13
Limits on Discovery in IPRs: No Fishing
Expeditions for Information Relating to Infringement,
4/15/13
PTAB Documents
Cuozzo Final Written Decision –
11/13/13
Garmin's Reply to Cuozzo's Patent
Owner's Response – 5/21/2013
Garmin's Reply to Cuozzo's Motion to
Amend – 5/21/2013
Cuozzo's Patent Owner's Response
– 3/11/2013
Cuozzo's Motion to Amend –
3/11/2013
Garmin's IPR Petition –
9/16/2012
Federal Circuit Documents
Cuozzo Fed. Cir. En Banc Denial –
7/8/15
Cuozzo Fed. Cir. Petition for En Banc
Rehearing – 7/6/15
Cuozzo Appeal from PTAB to Fed. Circ. –
2/4/15
Cuozzo Oral Argument –
12/12/14
Supreme Court Documents
Amicus Briefs in Support of Cuozzo or Neither
Party
Cuozzo's Merits Brief
Petition for Writ of Certiorari
Granted – 1/15/16
Cuozzo's Petition for Writ of Cert
filed – 10/6/15
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.