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Expert Analysis

Inter Partes Review Strategy After PTAB's Cuozzo Ruling

Law360, New York (March 10, 2015, 10:40 AM EDT) -- In the first-ever ruling in an appeal of an America Invents Act final written decision, the U.S. Court of Appeals for the Federal Circuit overwhelmingly sided with the Patent Trial and Appeal Board. As an initial issue in In re Cuozzo Speed Technologies LLC, the Federal Circuit held the decision to institute an inter partes review cannot be appealed and is final. The court also confirmed that the broadest reasonable interpretation standard for claim construction that the PTAB has been applying is appropriate in AIA reviews, rather than the narrower standard used in district court....

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