News & Analysis as of

Patent Trial and Appeal Board Cuozzo Speed Technologies

BakerHostetler

The End of the Fight Against Fintiv

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Inter partes reviews (IPRs) and post-grant reviews (PGRs) are proceedings in front of the Patent Trial and Appeal Board (PTAB) that allow a petitioner to challenge a patent’s validity and a patent owner to defend that...more

Wilson Sonsini Goodrich & Rosati

2016 PTAB Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present our 2016 PTAB Year in Review. We begin with a look at 2016 activity at the Patent Trial and Appeal Board (PTAB), which again ranked as the busiest jurisdiction in the...more

Goodwin

Issue One: Keeping Tabs on the PTAB

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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

McDermott Will & Emery

Federal Circuit Panel Urges Court to Revisit Reviewability of § 315(b) En Banc

Addressing jurisdictional issues on remand from the Supreme Court of the United States, the US Court of Appeals for the Federal Circuit dismissed an appeal of a Patent Trial and Appeal Board (PTAB or Board) decision to...more

Mintz - Intellectual Property Viewpoints

PTAB Vacating Its Initial Institution Decision is Not Appealable, Federal Circuit Says

The Federal Circuit reaffirmed last week that the Patent Trial and Appeal Board’s (PTAB’s) decision to discontinue inter partes review (IPR) proceedings is not reviewable on appeal. In Medtronic, Inc. v. Robert Bosch...more

Mintz - Intellectual Property Viewpoints

CAFC’s Husky Decision Makes Sledding Tougher for Patent Owners in PTAB Appeals

The Federal Circuit recently determined that it lacked jurisdiction to review the Patent Trial and Appeal Board’s determination that assignor estoppel has no affect in an inter partes review (“IPR”). The majority’s decision...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - July 2016

Supreme Court: Status Quo in Cuozzo - Why it matters: On June 20, 2016, the Supreme Court decided Cuozzo Speed Technologies v. Lee, where it rejected challenges to the Patent Trial and Appeal Board (PTAB) inter partes...more

Latham & Watkins LLP

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

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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

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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

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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

Foley & Lardner LLP

U.S. Supreme Court Upholds Broadest Reasonable Interpretation Standard, and Affirms Federal Circuit’s Lack of Authority to Review...

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The Appeal by Cuozzo Speed Technologies - On June 20, 2016, the U.S. Supreme Court issued its opinion in Cuozzo Speed v. Lee, affirming the Federal Circuit’s prior ruling on an appeal taken from the Patent Trial and...more

Lathrop GPM

Supreme Court Affirms USPTO Claim Construction Test

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On June 20, 2016, the Supreme Court issued its highly anticipated decision in Cuozzo Speed Technologies v. Lee. The Court unanimously held the United States Patent and Trademark Office (USPTO) can give claims in inter partes...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

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Preview -- Cuozzo Speed Technologies, LLC v. Lee -- Question 2

On March 4, the Supreme Court announced that the Cuozzo Speed Technologies, LLC v. Lee appeal would be argued on April 25, 2016 (the last week of oral hearings for the October Term 2015). As we reported previously, the...more

McDermott Will & Emery

Cuozzo Expanded to CBMs to Bar Appellate Review of Institution Decisions - SightSound Tech., LLC v. Apple Inc.

Addressing the bar on appellate reviewability of the Patent Trial and Appeal Board’s (PTAB or Board) decisions, the U.S. Court of Appeals for the Federal Circuit concluded that § 324(e) bars review of the Board’s decision to...more

Snell & Wilmer

Supreme Court to Address IPR Proceedings & Willful Infringement

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The Supreme Court will continue to shape patent law in 2016, addressing critical components of the widely-popular Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board, and examining the standard for...more

Foley & Lardner LLP

U.S. Supreme Court Accepts Appeal of First Inter Partes Review Decision: Could Mark a Significant Turning Point in Claim...

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The Appeal by Cuozzo Speed Technologies - The U.S. Supreme Court accepted its first appeal from the Federal Circuit involving an inter partes review (IPR) styled Cuozzo Speed v. Lee, which is also the first time the...more

Foley & Lardner LLP

Supreme Court Accepts 1st IPR Appeal: Cuozzo Could Mark Turning Point for Patent Owners

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On January 15, 2016, the Supreme Court granted certiorari in Cuozzo Speed v. Lee, which represents the first time the high Court will address an AIA proceeding, in this case an IPR decision. Based on the questions presented...more

McDonnell Boehnen Hulbert & Berghoff LLP

Cuozzo Speed Technologies, LLC v. Lee

The Supreme Court on Friday granted certiorari to review the Federal Circuit's decision that the U.S. Patent and Trademark's Patent Trial and Appeal Board was entitled to perform claim construction in inter partes review...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2015: #6 to #10

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

McDermott Will & Emery

No Review of PTAB Determination to Not Institute an IPR, Again - Achates Reference Publishing, Inc. v. Apple, Inc.

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Addressing a decision by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) to not institute inter partes review IPR proceedings, the U.S. Court of Appeals for the Federal Circuit concluded...more

K&L Gates LLP

Is Inter Partes Review Set for Supreme Court Review?

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In re Cuozzo Speed Tech., LLC presented the Federal Circuit with its first opportunity to address important, open questions about how the Patent Trial and Appeal Board (PTAB) handles its relatively new Inter Partes Review...more

McDonnell Boehnen Hulbert & Berghoff LLP

Achates Reference Publishing, Inc. v. Apple Inc. (Fed. Cir. 2015)

Earlier this week, in the Achates Reference Publishing, Inc. v. Apple Inc. case, the Federal Circuit reaffirmed the holding in In re Cuozzo Speed Techs., LLC that it could not review any decision by the Patent Trial and...more

McDermott Will & Emery

PTAB Prevails in First Appeal of a CBM Review - Versata Development Group, Inc. v. SAP America, Inc.

In the first appeal of a covered business method (CBM) review, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB or Board) decision, and explained that the eligibility of a...more

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