The U.S. Supreme Court Monday decided 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. Here, attorneys tell Law360 why the decision is significant...
Thomas King, Haynes and Boone LLP
“This was a good day for the Patent Office. The Supreme Court affirmed both the broadest reasonable construction standard, and the PTO’s practice of looking beyond the petition in rendering its institution decisions. The decision also essentially invites the PTO to seek review of past Federal Circuit decisions that deny the PTO the ability to issue substantive rules. All of this suggests that the balance of power in our patent system continues to swing away from Article III courts and toward the Patent Office, and that PTAB trials are here to stay.”
Excerpted from Law360. To read the full article, please click here (subscription required).