News & Analysis as of

Patent Litigation United States Patent and Trademark Office Cuozzo Speed Technologies v Lee

McDermott Will & Schulte

Game over: Prior interference doesn’t preclude IPR proceeding

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board unpatentability determination during an inter partes review (IPR) proceeding, concluding that the Board’s decision to not apply...more

Goodwin

Issue Twenty-Seven: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Morgan Lewis

Federal Circuit: PTAB’s Determination of Real Party in Interest Is Barred from Review

Morgan Lewis on

In a recent opinion in ESIP Series 2, LLC v. Puzhen Life USA, LLC, the US Court of Appeals for the Federal Circuit determined that 35 USC 314(d), which bars appellate review of US Patent and Trademark Office decisions to...more

McDermott Will & Schulte

En Banc Federal Circuit to Consider AIA Appeals Based on Time Bar Provision

In a September 2015 panel decision, Achates Reference Publishing v. Apple, the US Court of Appeals for the Federal Circuit ruled that under 35 USC 314(b), decisions of the Patent Trial and Appeal Board (PTAB) finding that an...more

Foley & Lardner LLP

Magnum Offers New Path for Challenging AIA Decisions: Burden of Production

Foley & Lardner LLP on

On July 25, 2016, the Court of Appeals for the Federal Circuit (CAFC) held in In re Magnum Oil Tools International (Newman, O’Malley & Chen) that the burden of production to show unobviousness does not shift to a patent owner...more

Latham & Watkins LLP

Supreme Court Affirms PTAB’s “Broadest Reasonable” Claim Construction Standard

Latham & Watkins LLP on

Supreme Court sides with Patent Office’s rulemaking authority. On Monday, June 20, 2016, the US Supreme Court issued its eagerly awaited Cuozzo decision, affirming the Federal Circuit’s decision. Specifically, the Court: ...more

Goodwin

Supreme Court Affirms Federal Circuit in Cuozzo Speed Technologies LLC

Goodwin on

Addressing the America Invents Act proceedings for the first time, the Supreme Court’s decision in Cuozzo Speed Technologies LLC v. Lee largely maintained the status quo. The Court held that the Patent Trial and Appeal...more

Dentons

Supreme Court Affirms Cuozzo, Upholding PTAB's Claims Construction Standard and Non-Appealable Nature of Inter Partes Review

Dentons on

This article contains important information relating to recent developments in patent law and, as such, is intended for an audience that either currently owns a patent or is in the process of obtaining one. The Supreme...more

Eversheds Sutherland (US) LLP

Solidifying Claim Construction in Inter Partes Review – Cuozzo Allows Patent Office to Govern the Inter Partes Review Process

On June 20, the U.S. Supreme Court’s decision in Cuozzo Speed Technologies, LLC v. Lee, 2016 WL 3369425 (June 20, 2016) upheld the Patent Office’s long-held policy of construing a patent claim according to its broadest...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Cuozzo Speed Technologies, Inc. v. Lee

On June 20, 2016, the U.S. Supreme Court decided Cuozzo Speed Technologies, Inc. v. Lee, holding that, in an inter partes review, the Patent and Trademark Office (PTO) may give a patent claim its broadest reasonable...more

Kelley Drye & Warren LLP

Supreme Court Confirms Patent Office’s Power To Regulate Inter Partes Reviews (Cuozzo V. Lee)

On June 20, 2016, the Supreme Court issued its awaited Cuozzo decision and gave strong deference to the U.S. Patent & Trademark Office (“Patent Office”) power (1) to make an unappealable determination to institute inter...more

Foley & Lardner LLP

Federal Circuit Emphasizes Reason In Application Of Broadest Reasonable Interpretation

Foley & Lardner LLP on

As we wait for the Supreme Court decision in Cuozzo Speed Technologies, LLC v. Lee, where the Court has been asked to decide whether the USPTO Patent Trial and Appeal Board (PTAB) should apply the “broadest reasonable...more

WilmerHale

Broadest Reasonable Interpretation and Claim Amendments in Post-Grant Patent Challenges

WilmerHale on

The United States Patent and Trademark Office has used a “broadest reasonable interpretation” (BRI) standard for claim interpretation when examining pending patent applications. Under the BRI standard, a claim term is...more

Bryan Cave Leighton Paisner

Patent Office Issues Final Rule Amending the Rules of Practice for Trials at the PTAB

The U.S. Patent and Trademark Office (Patent Office) has issued a final rule that addresses aspects of trial practice for America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB), takes effect May...more

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