After Cuozzo, Congress Must Take Back the Ball

Publisher: IPWatchdog

July 21, 2016

Day Pitney Author(s) Jonathan B. Tropp

Jonathan Tropp authored an article, "After Cuozzo, Congress Must Take Back the Ball," for IPWatchdog. In the article, Tropp discusses Cuozzo Speed Technologies v. Lee, 579 U.S. ___ (2016), in which the Supreme Court permitted the Patent Office to continue to construe patent claims according to their broadest reasonable construction in inter partes review (IPR) proceedings. Tropp argues that because the Patent Office has adopted, by regulation, an unsatisfactory standard, Congress should step in. "In the context of IPR proceedings, the Patent Trial and Appeal Board (PTAB) should be instructed to give claim terms their plain and ordinary meaning to one of skill in the art, just as the courts are instructed to do," he writes.

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