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The issues to watch in Cuozzo at the US Supreme Court

Michael Loney, New York


The Supreme Court in Cuozzo could scrap the PTAB’s use of the broadest reasonable interpretation in IPRs. But its ruling on the less-publicised question of whether institution decisions are unreviewable could have a bigger effect. In the meantime, petitioners and patent owners will have to adjust their PTAB strategies to guard against uncertainty

The Supreme Court could have a profound effect on inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB) after granting cert in Cuozzo Speed Technologies v Lee. The case involves the first ever inter partes review petition...


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