The Supreme Court surprised many patent practitioners by granting certiorari in the first case involving review of a final decision in a post-grant patent trials before the Patent Trial and Appeal Board, Cuozzo Speed Technologies v. Lee. While the first issue in the case—whether claims should be given their broadest reasonable interpretation at the board—is getting all the attention, the lesser known second issue could be equally impactful. The second question asks whether the board's decision to institute a trial in the first place can be reviewed on appeal. In this article, Finnegan attorneys Erika H. Arner and James D. Stein focus on the less discussed issue the Supreme Court will hear in the Cuozzo case: Federal Circuit review of PTAB trial institution decisions.
BNA’s Patent, Trademark & Copyright Journal
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