Jenner & Block

Client Alert - Federal Circuit’s First Review of a Final Written Decision from IPR Proceedings

The Federal Circuit’s decision in In re Cuozzo Speed Technologies, LLC., 2014-1301 (Fed. Cir. Feb. 4, 2015) is the Court’s first review of a Final Written Decision from an Inter PartesReview (IPR) proceeding. The Federal Circuit definitively held that there could be no review of the decision to institute an IPR unless the PTO clearly exceeded its authority.  The Court also affirmed the PTAB’s use of the broadest reasonable interpretation standard for construing claims in IPRs.  Finally, the Court affirmed the particular rulings at issue finding the claims invalid as obvious and rejecting proposed amendments to the claims. In this alert, Partner Steven R. Trybus provides a brief background, summary and our preliminary analysis of the decision.