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Status Quo At The PTAB for Now: Supreme Court Makes No Changes to IPR Practice

Authors: Maia H. Harris and Frank D. Liu

7/09/2016

Read the full post at Post-Grant Counsel

Status Quo At The PTAB for Now: Supreme Court Makes No Changes to IPR Practice

Last week, the Supreme Court declined to make any changes to IPR procedure in its opinion in Cuozzo Speed Technologies, LLC v. Lee, 579 U.S. ___ (2016). Relying primarily on statutory language and concepts of agency rulemaking authority, the Court found no reason to alter the Federal Circuit’s interpretation of the “no appeal” provision of the patent act covering IPRs, or the patent office rule that the agency shall construe a claim according to its “broadest reasonable construction” during IPR. In doing so, the Court did not foreclose the possibility of other challenges to actions by the PTAB, whether constitutional or based on the manner in which the PTAB exercised its authority. For now, however, it is largely business as usual at the PTAB.

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