The Supreme Court recently granted certiorari in 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 broadest reasonable interpretation (BRI) standard for claim construction in IPR rather than the plain and ordinary meaning standard applied in district court; and (2) whether the PTAB’s decision to institute an IPR proceeding should be judicially reviewable on appeal from a final written decision. In its merits brief, Cuozzo argued that the answer to the first question should be “no” and the answer to the second question should be “yes.” The USPTO has now submitted its respondent’s brief on these issues. Argument is set for April 25, 2016.
