United States:
Wait, There's A Second Issue In Cuozzo?
12 February 2016
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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The Supreme Court surprised many patent practitioners by
granting certiorari in the first case involving review of a final
decision in a post-grant patent trials before the Patent Trial and
Appeal Board, Cuozzo Speed Technologies v. Lee. While the
first issue in the case—whether claims should be given their
broadest reasonable interpretation at the board—is getting
all the attention, the lesser known second issue could be equally
impactful. The second question asks whether the board's
decision to institute a trial in the first place can be reviewed on
appeal. In this article, Finnegan attorneys
Erika H. Arner and
James D. Stein focus on the less discussed issue the Supreme
Court will hear in the Cuozzo case: Federal Circuit review
of PTAB trial institution decisions.
BNA’s Patent, Trademark & Copyright Journal
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