As many are aware, the Supreme Court granted certiorari for Cuozzo Speed Technologies, LLC v. Lee, No. 15-446. The Supreme Court agreed to hear two issues appealed by Cuozzo: (1) whether the PTAB should use the BRI standard for claim construction in IPR rather than the plain and ordinary meaning standard applied in district court; and (2) whether the PTAB decision to institute an IPR proceeding should be judicially reviewable on appeal from a final written decision. Cuozzo has now submitted its merits brief on these issues.
