November 2014

Looking Ahead

On November 3, 2013, the Federal Circuit heard oral argument in In re Cuozzo Speed Technologies LLC, No. 14-1301, the first oral argument on a Board final written decision in an inter partes review (“IPR”).  In Cuozzo, the following issues, among others, were presented: (1) whether the Board lacked authority to institute IPR for certain claims on grounds of unpatentability not identified in the petition; (2) whether the “broadest reasonable interpretation” standard applies to IPRs; and (3) whether the Board erred in denying Cuozzo Speed Technologies LLC’s motion to amend the claims.  Stay tuned to future editions of Last Month at the Federal Circuit to see how the Federal Circuit addresses these issues directed to IPRs.