Insights
Day Pitney remains committed to providing quality legal counsel, while protecting our clients and employees, and transforming our communities into more just, equal and equitable spaces. For more information, please visit our COVID-19 Resource Center | Racial Justice and Equity Task Force.
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.
