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Expert Analysis

Inside Fed. Circ. Ruling In 1st Inter Partes Review Appeal

Law360, New York (February 4, 2015, 8:11 PM EST) -- The U.S. Court of Appeals for the Federal Circuit issued its first-ever ruling in an appeal from an inter partes review in In re Cuozzo Speed Technologies LLC, No. 2014-1301 (Feb. 4, 2015). The ruling was highly anticipated because it addresses two key issues with respect to post-grant proceedings, namely (1) whether the decision by the Patent Trial and Appeal Board to institute an IPR is reviewable after the PTAB issues its final written decision, and (2) whether the PTAB's use of the broadest reasonable interpretation (BRI) standard for claim construction is proper....

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