Inside Fed. Circ. Ruling in 1st Inter Partes Review Appeal
Cantor Colburn litigator Andrew Ryan 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.
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.