Supreme Court Upholds “Broadest Reasonable” Claim Construction Standard; Confirms Decision to Institute IPRs Remains “Unappealable”
Yesterday in Cuozzo Speed Techs., LLC v Lee, the Supreme Court clarified two aspects of inter partes review procedure: (1) the Patent Trial and Appeal Board (PTAB) may continue to use the broadest reasonable claim construction standard for construing the claims of unexpired patents; and (2) the PTAB’s decision to institute (or not institute) an…