SCOTUS to the rescue?
What's at stake as Supreme Court hears Cuozzo inter partes review case
The U.S. Supreme Court will hear arguments on Monday in a case that could either overturn or reinforce policies that unfairly tilt the inter partes review system against patent holders, according to life sciences companies.
The court will consider two questions when it rules this summer on Cuozzo Speed Technologies, LLC v. Michelle K. Lee: should the U.S. Patent and Trademark Office (USPTO) continue to use the "broadest reasonable interpretation" standard to assess patent challenges under IPR, and can the courts review decisions by the USPTO's Patent Trial and Appeal Board (PTAB) to institute, or accept, an IPR challenge.
BIO and PhRMA have said the broadest reasonable interpretation standard, which presents a lower threshold for invalidating patents than the presumption of validity standard used by the courts, is a major flaw with the IPR system. They also think PTAB is too quick to pull the trigger on IPR petitions, and patent holders should be able to ask the courts to review decisions to