CUOZZO SPEED TECHNOLOGIES, LLC, PETITIONER v. MICHELLE K. LEE, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, PATENT AND TRADEMARK OFFICE, the Court of Appeals for the Federal Circuit held that (1), in Inter Partes Review (IPR) proceedings, the broadest reasonable interpretation (BRI) standard is appropriate for an issued patent (as opposed to plain and ordinary meaning) and (2) that, the Patent Trial and Appeal Board’s decision whether to institute an IPR proceeding is judicially unreviewable. Cuozzo’s petition for en banc rehearing by the Federal Circuit was denied. However, the Supreme Court has granted certiorari and will review both holdings.
Both application of the BRI standard and the inability to appeal a decision to institute trial are key elements in the high rate of claim invalidation of IPRs to date. A change in either of these practices would likely significantly reduce the effectiveness of the reviews for invalidating claims. This case has garnered tremendous attention including nine briefs amici filed at the petitions stage, including briefs from the IPO, and AIPLA.