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IP News

By Jeffrey S. Ginsberg and Brooke Hazan

Federal Circuit: Application by PTAB of Broadest Reasonable Interpretation Standard in Claim Construction Upheld Under the AIA

On Feb. 4, 2015, a Federal Circuit panel of Judges Newman, Clevenger, and Dyk issued a 2-1 opinion, authored by Judge Dyk, in In re Cuozzo Speed Tech., LLC, Case No. 2014-1301. The panel held, inter alia, that: 1) the Federal Circuit lacks jurisdiction to review final decisions made by the Patent Trial and Appeal Board (PTAB) regarding whether to institute an inter partes review (IPR); and 2) the PTAB must apply the broadest reasonable interpretation standard of review to claim construction determinations during an IPR. See, Slip op. at 2. This case marks the Federal Circuit's first decision in an appeal of an IPR petition under the America Invents Act (AIA). Justice Newman dissented.

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