Venable partner Megan Woodworth reacted to the Supreme Court's ruling in Cuozzo Speed Technologies LLC v. Lee in a June 20, 2016 Law360 article. The Court held that the Patent Trial and Appeal Board (PTAB) can continue using a claim construction standard when reviewing patents in America Invents Act reviews that is different than one used by district courts.
"One noteworthy aspect of the decision is its posture: a pure affirmance," said Woodworth. "Recently when the Supreme Court hears a patent case, we are generally not left with the status quo as we are here. What remains to be seen is whether the differing construction standards in parallel judicial and administrative proceedings will create the instability that some amici predicted. To date, there have seemingly been few cases where the different standard would change the validity outcome because the BRI must be reasonable. It also remains to be seen how the Federal Circuit will define the 'shenanigans' that warrant an APA review of a PTAB institution decision in the narrow window that the decision leaves open for such challenges."