What’s at Stake in Cuozzo v. Lee?: The View of the Petitioner

Currently pending on the docket of the United States Supreme Court is the case of Cuozzo Speed Technologies, LLC, v. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office, No. 15-446, on petition for writ of certiorari. At issue, first, is whether claims in patent cases arising from the Patent Trial and Appeal Board (PTAB) should be construed in the same manner as claims in cases arising from the district courts. A second issue, a matter of horizontal separation of powers, is whether the Federal Circuit correctly held that PTAB decisions to institute interpartes review (IPR) are judicially unreviewable even if the PTAB exceeds its statutory authority in instituting such proceedings. Because Congress intended IPR as a less expensive surrogate for litigation, this article, like petitioner, argues that the same standard should apply to claim construction regardless of forum.

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