On Tuesday, June 20, 2016 the Supreme Court released the long awaited opinion on the standard for claim interpretation for inter partes review (IPR) and ability to appeal decisions to institute an IPR. In Cuozzo Speed Technologies, LLC v Lee, the Court unanimously held that the standard for claim interpretation in an IPR is the broadest reasonable interpretation of the claim. In only a slightly less decisive decision of 6-2, the Court also held that the decision to institute IPRs is not appealable.
For a more in depth analysis of the decision, and link to the opinion, please read the article from PatentlyO linked in this newsletter.
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