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ARTICLE · 21 JANUARY 2016

High Court Accepts First AIA Case, Could Rule By June 2016

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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On Friday, January 15, 2016, the Supreme Court of the United States granted certiorari in Cuozzo Speed Technologies, LLC v. Lee, No. 15-446.

United StatesIntellectual Property
J. Derek McCorquindale
J. Derek McCorquindale
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On Friday, January 15, 2016, the Supreme Court of the United States granted certiorari in Cuozzo Speed Technologies, LLC v. Lee, No. 15-446. The petition has been closely followed since it was filed on October 6, 2015, and the briefing addresses the following issues, which have been hotly debated since the inception of AIA post-grant review:

  1. Whether the Court of Appeals for the Federal Circuit erred in holding that, in inter partes review (IPR) proceedings, the Patent Trial and Appeal Board may construe claims in an issued patent according to their broadest reasonable interpretation ("BRI") rather than their plain and ordinary meaning, as applied in federal district court; and

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