Posts Tagged: Cuozzo Speed Technologies


Examining the USPTO’s Bid for Adjudicatory Chevron Deference

In response to a request for supplemental briefing from the Federal Circuit in Facebook v. Windy City Innovations, the U.S. Patent and Trademark Office (USPTO) recently …
By Andrew Michaels
22 days ago 1

Dex Media: Supreme Court to Determine Scope of Judicial Review of IPR Institution Decisions

On Monday, the U.S. Supreme Court granted a petition for writ of certiorari to take up Dex Media Inc. v. Click-to-Call Technologies, LP on appeal from …
By Steve Brachmann
4 months ago 0

Supreme Court Refuses to Take SSL Services v. Cisco, Will Not Answer Question on Multiple Proceedings Rule at PTAB

In its petition for writ, SSL Services argued that the PTAB’s decision to institute the IPR incorrectly denied the application of 35 U.S.C. § 325(d), the …
By Steve Brachmann
11 months ago 1

The Year in Patents: The Top 10 Patent Stories from 2016

To come up with the list below I’ve reviewed all of our patent articles, and have come up with these top 10 patent stories for 2016. They appear …
By Gene Quinn
3 years ago 7

After Cuozzo, Congress Must Take Back the Ball

While the Supreme Court spoke clearly and unanimously on the issue in Cuozzo, this hardly means the standard to be applied to claim construction in IPRs has …
By Jonathan Tropp
3 years ago 8

Cuozzo Speed Technologies v. Lee: Supreme Court Clears the Way for the PTAB to Continue IPR Proceedings

The Supreme Court’s ruling will disappoint those who had hoped to change the standard by which the PTAB conducts inter partes reviews through the courts, rather …

Cuozzo, Phony IPR Statistics and the Death of the American Inventor

The battle of Cuozzo, and patent reform in general, is not between the tech industry and the pharmaceutical industry. The battle was started by wealthy multinational tech …
By Paul Morinville
3 years ago 59

Cuozzo: The Case That Wasn’t

AIA trials have been sought over 5,000 times to challenge patents and are widely used to resolve patent disputes. Many patent owners complained that these proceedings were unfairly …
By Edmund J. Walsh
3 years ago 0

Industry Reaction: Supreme Court upholds Federal Circuit in Cuozzo

“This is obviously a victory for some who challenge a patent’s validity in IPR proceedings since broadly construed claims are more vulnerable to attack than narrowly …

Supreme Court decides Cuozzo Speed Technologies: BRI proper, IPR institution not appealable

In a unanimous decision delivered by Justice Breyer in Cuozzo Speed Technologies, LLC v. Lee, the United States Supreme Court upheld the United States Patent Office’s …
By Audrey Ogurchak
3 years ago 11

To BRI or Not to BRI, That Is the Question

A good argument can be made that a given panel of PTAB judges will construe claims in the manner that makes most sense to them, regardless of …
By Paul Berghoff
3 years ago 6

Practitioner Strategies for Living in a Post-Cuozzo World

It seems difficult to reconcile the Respondent’s principal argument that two standards should still apply: that is, that the PTAB should be permitted to continue applying …
By Bradley Olson
3 years ago 10

Predicting Cuozzo After Supreme Court Oral Arguments

On Monday, April 25, 2016, the United States Supreme Court heard oral arguments in Cuozzo Speed Technologies v. Lee, the first case in which the Supreme Court will decide …
By Gene Quinn
3 years ago 51

Supreme Court hears oral arguments in Cuozzo Speed Technologies v. Lee

Perhaps the best question of the entire oral argument was asked by Chief Justice Roberts: “So why ­­should we be so wedded to the way they do …
By Gene Quinn
3 years ago 29

Predicting Cuozzo in Advance of SCOTUS Oral Arguments

While I would never go into business handicapping the outcome of SCOTUS deliberations, I do have an opinion about what they should do in this case, at …
By Gene Quinn
3 years ago 4