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Cuozzo Speed Technologies v. Lee: Supreme Court Clears the Way for the PTAB to Continue Its Practices in Inter Partes Review Proceedings


On June 20, 2016, the Supreme Court issued its decision in Cuozzo Speed Technologies, LLC v. Lee, No. 15-446, affirming the Federal Circuit’s closely divided decision on the bar to reviewing Patent and Trademark Office (PTO) decisions to institute inter partes review proceedings and the standard used by the Patent Trial and Appeal Board (PTAB) for construing the claims of challenged patents.  Although the Court provided a unanimous answer on the question presented regarding the PTAB standard for construing claims, its reasoning differed from that of the Federal Circuit.  Its decision on the question of reviewability was not unanimous, and leaves the door somewhat ajar to further challenges to PTAB institution decisions in the future.   

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 than through Congress or the PTO itself.  The manner in which the majority framed the case also offers hints about the Court’s views of today’s patent landscape and the deference that may be granted to the PTAB in future decisions, should the Court decide to grant more petitions for certiorari in this area. 

Specific topics covered by the briefing, to be given by Eugene M. Paige of Keker & Van Nest LLP, will include: 

  • A review of the statutory history, case law, and legal proceedings leading up to the decision
  • A summary of the opinion, including the unanimous reasoning behind the Court’s deference to the standard employed by the PTO in IPR proceedings and the discussion by the majority and the partial dissent of the reviewability of PTAB institution decisions
  • The potential impact of the decision on pending and future IPR proceedings• The significance for future cases of the manner in which the Court framed the issues

To register for the seminar, please visit this link.

About Gene Paige
Mr. Paige focuses his practice on complex civil litigation. He successfully defends clients from infringement claims, and prosecutes cases on behalf of innovators who have had the fruits of their labor misappropriated. Mr. Paige has tried more than a dozen criminal and civil cases in state and federal courts, serving as first chair in the majority of those cases.

He has litigated cases that involve cutting-edge technology such as semiconductor fabrication process technology, the co-expression of recombinant DNA, and the use of innovative methods of conducting business online. He enjoys learning about diverse subject matter areas and industries, and then constructing a winning strategy that will serve both the client’s legal needs and its business objectives.