Federal Circuit's Cuozzo Opinion Highlights Unresolved IPR Issues

On February 4, 2015, the Federal Circuit released its first opinion on a Patent Trial and Appeal Board appeal, In Re Cuozzo Speed Technologies. Managing Intellectual Property contacted Finnegan attorney Timothy McAnulty to discuss the importance of this opinion on an inter partes review appeal that “affirmed the Board’s final determination, and found no error in the Board’s claim construction under the broadest reasonable interpretation standard, the Board’s obviousness determination, and the Board’s denial of Cuozzo’s motion to amend.” McAnulty, citing Judge Pauline Newman's decent, stated, "The opinion addresses several of the leading issues, but the split panel still highlights the different views on IPRs and the AIA." He goes on to state "Perhaps more notably, the majority held the Federal Circuit lacks jurisdiction to review the Office’s institution decision even after a final written decision."