After Cuozzo: Litigation at the PTAB, U.S. District Court, and the Federal Circuit

IPO Webinar Recording

07/26/2016 12:00 p.m. - 12:00 a.m. EDT

Intellectual Property Litigation

Rachel Krevans


The USPTO emerged as the big winner in the U.S. Supreme Court’s recent Cuozzo decision. The Court approved the PTO’s approach of applying the broadest reasonable construction (BRI) standard to interpret patent claims in post-grant proceedings and it upheld the agency’s interpretation of the AIA provision that bars challenges to the PTO’s decisions to institute inter partes review (IPR).

During this webinar recording, panelists place Cuozzo in the context of other recent Supreme Court decisions on IP and on judicial deference to federal agencies. They also discuss:

  • The avenues that remain open for challenging IPR institution decisions, and the pending cert petitions that challenge USPTO post-grant proceedings on constitutional grounds;
  • Whether a Federal Circuit decision on the reviewability of Covered Business Method reviews (CBMs) is inconsistent with Cuozzo;
  • The Federal Circuit decision SAS Institute v. Complement Soft that gives guidance on procedural safeguards of the Adminstrative Procedure Act regarding post-grant proceedings;
  • Practical tips for litigators on how to deal with two different claim construction standards going forward and;
  • What lessons should patent prosecutors take from Cuozzo?

View the recording (fee required)


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