Supreme Court Grants Cert in Challenge to PTAB Procedure, PTAB Litigation Blog

On January 15th, the Supreme Court granted certiorari in Cuozzo Speed Tech. v. Lee, agreeing to hear a challenge to the Federal Circuit’s February 2015 decision upholding the PTAB’s invalidation of certain claims of Cuozzo’s U.S. Patent No. 6,778,074.  In that decision, the Federal Circuit ratified the PTAB’s use of the broadest reasonable interpretation (BRI) claim construction standard and confirmed that Board institution decisions are, in most cases, not meeting the extreme mandamus standard (not appealable).  In July, a sharply divided Federal Circuit opted by a 6-5 margin not to rehear the panel’s February decision en banc.

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