Within the last month, the U.S. Supreme Court bolstered the strength and attractiveness of inter partes review (IPR) conducted by the Patent Trial and Appeal Board (PTAB) and provided greater district court discretion for determining willful infringement and enhancing damages in patent cases. These decisions are discussed below.
IPR Proceedings
On June 20, 2016, in Cuozzo Speed Technologies v. Lee, No. 14-446,1 the Supreme Court addressed two important questions associated with inter partes review. Affirming the U.S. Court of Appeals for the Federal Circuit’s decision, the Supreme Court held that 35 U.S.C. §314(d) bars judicial review of the PTAB’s initial decision to institute an IPR and that 37 CFR §42.100(b) provides the Patent and Trademark Office (PTO) with the rulemaking authority to issue regulations governing the construction of patent claims during the review process.
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