Firm Authors Amicus Brief Urging Supreme Court To Provide Guidance for IPR Proceedings

November 10, 2015

The firm authored an amicus curiae brief for the New York Intellectual Property Law Association urging the Supreme Court to provide guidance on two questions critical to the outcome of inter partes review proceedings. IPRs have quickly become proceedings of choice for challenging the validity of patents and have transformed patent litigation in the US.

The amicus brief asks the Supreme Court to clarify that decisions by the PTO to institute IPRs and invalidate patents on grounds that exceed the agency’s statutory authority are subject to judicial review, not immune from it. The brief also urges the Court to decide the appropriate claim construction standard for IPR proceedings and provides guidance to the Court on this important question. The Supreme Court case is captioned Cuozzo Speed Technologies, LLC v. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office, No. 15-446.

To read the full amicus curiae brief, click here.