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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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Jonathan Tropp
Jonathan B. Tropp
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This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.