Cuozzo Speed Technologies, LLC v. Lee: U.S. Supreme Court Upholds the Patent Trial and Appeal Board’s Broad Claim-Construction Standard and Limits Review of Institution Decisions in Inter Partes Review

Sullivan & Cromwell LLP - June 21, 2016

Yesterday in Cuozzo Speed Technologies, LLC v. Lee, the Supreme Court issued two significant holdings regarding the U.S. Patent Trial and Appeal Board’s administration of inter partes review (IPR).  First, the Court held that the Board in IPR may continue to construe patent claims using the same protocol it employs in patent examination and reexamination:  giving patent claims their “broadest reasonable construction.”  Second, the Court held that in some circumstances the Board’s decision to institute IPR is not subject to judicial review.   Sullivan & Cromwell LLP served as counsel and presented oral argument to the Supreme Court on behalf of the petitioner.