Law360
June 20, 2016

"Attorneys React To High Court's PTAB Claim Construction Ruling"

Daniel Callaway commented on the U.S. Supreme Court decision in Cuozzo Speed Technologies LLC v. Lee that the Patent Trial and Appeal Board can continue to use a claim construction standard to review patents in America Invents Act reviews that is different from the one used in district court.

Mr. Callaway commented, "The court unanimously rejected the argument that an inter partes review is simply a mini court proceeding and that the PTAB should adhere to the claim construction standard applied by courts in infringement suits. Instead, the court recognized that IPR is a ‘second look’ at the PTO’s grant of a patent, and it deferred to the agency’s choice of the broadest reasonable construction standard for that administrative review. The result is that IPR will continue to be an effective option for accused infringers — and others — to demonstrate that a patent’s claims are invalid and should never have issued.”

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