By Dennis Crouch Following a 6-5 split by the Federal Circuit, Cuozzo filed a petition for writ of certiorari – asking two important questions (as paraphrased by me): During a post-issuance inter partes review (IPR) proceeding, is it proper for the Patent Trial & Appeal Board (PTAB) to construe claims according to their “broadest reasonable interpretation” rather than their proper construction being applied in court? Is the PTAB’s decision whether to institute an IPR proceeding judicially unreviewable even if the PTAB exceeds its statutory authority in instituting the IPR? See Cuozzo Takes IPR Challenge to the Supreme Court. Eight different friend-of-the-court briefs have now been filed and the U.S. Government’s responsive brief is due December 9, 2015. The majority of the briefs focus solely on the claim construction issue and make three basic arguments: Policy: IPRs are designed as validity judgments rather than a new examination of the…
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