U.S. Supreme Court Considers Standard of Review for Claims Construction in IPR

By Derek B. Lavender, Taft Stettinius & Hollister LLP

The U.S. Supreme Court recently decided to review the standard applied by the USPTO Patent Trial and Appeal Board for claims construction during inter partes review (IPR) and to consider whether a decision by the Board to institute an IPR is judicially unreviewable. The Supreme Court’s ultimate decision on these two topics will greatly affect the use of IPRs in the future and resolution of these two issues is eagerly anticipated in the patent law community.

For a more detailed analysis on this topic, please view this article.

This post was written by Derek B. Lavender, Taft Stettinius & Hollister LLP. If you would like to submit content or write an article for the Intellectual Property Section, please email Rachel Beachy at rbeachy@indybar.org.