Published: Tuesday, June 21, 2016
S. Ct. Confirms BRI and No Institution Appeal
By Anton Hopen | Smith & Hopen PA
The U.S. Supreme Court ruled June 20, 2016 in Cuozzo Speed Technologies, LLC v. Lee that (1) 35 U.S.C. Section 314(d) does indeed bar appeal from the PTAB’s initial institution decision; and (2) that the USPTO’s regulation requiring the PTAB to use the BRI standard to interpret patent claims is a “reasonable exercise of the rulemaking authority granted to the Patent Office by statute.”
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