On June 20, 2016, the Supreme Court of United States issued its first decision addressing IPR proceedings—Cuozzo Speed Technologies v. Lee.
The court’s decision upheld the claim construction standard (“broadest reasonable interpretation” BRI rather than the “plain and ordinary meaning” standard applicable in courts) applied in IPR proceedings and confirmed that appeals may only be taken from the board’s final written decisions and the Institution Decisions Are Not Appealable.
For more detailed analysis and its impact on IPR proceedings and patent drafting tips to overcome closest prior art(s) considering the BRI standard during IPR proceedings keep watching this space or write to us.
Read the full opinion here