Thompson Quoted on SCOTUS Case Discussing Inter-Partes Review Process

26 April 2016 IPPro Patents News
Partner Eley Thompson was quoted in an IPPro Patents article, “SCOTUS Justices Question Different Claim Standards,” on April 26, 2016. The article discussed oral arguments for U.S. Supreme Court case Cuozzo Speed Technologies v. Lee. The case centers around the claim construction standard used in inter-partes review proceedings and the Federal Circuit’s ability to review institution decisions. Thompson was quoted saying, “On the broadest reasonable interpretation issue, the Justices seemed to struggle with the tension between inter-partes reviews being consistent with validity determinations in district court litigation, or patentability determinations in U.S. Patent and Trademark Office (USPTO) proceedings. Very little time was spent on the reviewability issue. Justice Sonia Sotomayor observed about legal precedent that “we don’t easily think that Congress is intending to prevent courts from enforcing its directives to Federal agencies, okay?’”

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