A Supreme Court merits decision in Cuozzo Speed Technologies LLC v. Lee, Supreme Court No. 15‑446, is expected as early as tomorrow (May 16), or one of the two remaining regularly scheduled sessions of the Court (May 20 and 27) or at a yet to be announced further session this month.

“Broadest reasonable interpretation” claim construction:   Cuozzo Speed asks whether the Federal Circuit erred in concluding that in an inter partes review post-grant proceeding, the PTAB may construe claims in an issued patent according to the “broadest reasonable interpretation” standard used for ex parte examination as well as pre-Leahy Smith post grant proceedings versus the claims’ “plain and ordinary meaning”.

Regards,

Hal