David Lilenfeld Blog The intellectual property blog of David Lilenfeld


Cuozzo Speed v. Lee — IPR Patent Proceedings

By David Lilenfeld on January 19, 2016

Late last week, the @SCOTUS granted cert. in Cuozzo Speed v. Lee. The case will have a significant impact on post-grant patent proceedings before the Patent and Trademark Office.  Two questions are presented to the Supreme Court:

Question 1. Whether, even if the Board exceeds its statutory authority in initiating an IPR proceeding, the Board's decision whether to institute an IPR proceeding is judicially unreviewable.

Question 2. Whether in IPR proceedings, the Board may construe claims in an issued patent according to their broadest reasonable interpretation rather than their plain and ordinary meaning.

"This one will be fun to watch," said David Lilenfeld, founder of Lilenfeld PC.


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