Authored by Brian S. Mudge, T. Cy Walker, Robert L. Hails, Jr. and Adeel Haroon
In its first ruling on an appeal of a final IPR decision, the Federal Circuit has affirmed the Board’s decision in all respects. The case, In re Cuozzo Speed Techs., LLC, No. 2014-1301 (Fed. Cir. Feb. 4, 2015), involved two key issues on appeal which have been hotly debated since the PTAB began hearing IPRs and other post-grant proceedings under the AIA, and which sparked a lengthy dissent. A divided Federal circuit panel ruled (a) that the court lacked jurisdiction to review the PTAB’s decision to institute the IPR even in connection with the appeal of a final decision; and (b) that the broadest reasonable interpretation (“BRI”) standard applies to construction of claims in an IPR proceeding. In addition, the court upheld the PTAB’s decision that the tried claims were obvious and that Cuozzo’s motion to amend improperly attempted to broaden the claims.