Inside Fed. Circ. Ruling in 1st Inter Partes Review Appeal
Cantor Colburn litigators Andrew Ryan, William Cass, and Chad Dever, wrote an analysis of the U.S. Court of Appeals for the Federal Circuit first-ever ruling in an appeal from an inter partes review in In re Cuozzo Speed Technologies LLC, published in Law360 on February 4, 2015.
Ryan, a partner, chairs the firm's Post Grant Practice. Cass, a partner, co-chairs the firm's Litigation Department. Dever, an associate and a Ph.D. chemist, is a member of the firm's Litigation Department and its Chemical, Material, and Life Sciences Department.
The ruling was highly anticipated because it addresses two key issues with respect to post-grant proceedings, namely (1) whether the decision by the Patent Trial and Appeal Board (PTAB) to institute an IPR is reviewable after the PTAB issues its final written decision, and (2) whether the PTAB’s use of the broadest reasonable interpretation (BRI) standard for claim construction is proper.