Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

Cuozzo Speed Technologies, LLC v. Lee

Docket No. Op. Below Argument Opinion Vote Author Term
15-446 Fed. Cir. Apr 25, 2016
Tr.Aud.
Jun 20, 2016 8-0 Breyer OT 2015

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief by Intellectual Ventures Management, LLC., in support of the petitioners in this case.

Holding: The Leahy-Smith America Invents Act creates an agency procedure called “inter partes review” that allows a third party to ask the U.S. Patent and Trademark Office to re-examine the claims in an already-issued patent and to cancel any claim that the agency finds to be unpatentable in light of prior art; the act also provides that the PTO’s decision whether to institute an inter partes review is “final and unappealable.” This provision bars a court from considering whether the PTO was correct in instituting an inter partes review when it did so on grounds not specifically mentioned in a third party’s review request. Moreover, the PTO has authority to issue a regulation stating that the agency, in inter partes review, shall construe a patent claim according to its broadest reasonable construction in light of the specification of the patent in which it appears.

Judgment: Affirmed, 8-0, in an opinion by Justice Breyer on June 20, 2016. A unanimous Court joined the opinion with respect to Parts I and III, and Chief Justice Roberts and Justices Kennedy, Thomas, Ginsburg, and Kagan joined the opinion of the Court with respect to Part II. Justice Thomas filed a concurring opinion. Justice Alito filed an opinion concurring in part and dissenting in part, in which Justice Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 6 2015Petition for a writ of certiorari filed. (Response due November 9, 2015)
Oct 20 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 6 2015Order extending time to file response to petition to and including December 9, 2015.
Nov 9 2015Consent to the filing of amicus cuirae briefs, in support of either party or of neither party, received from counsel for the United States.
Nov 9 2015Brief amici curiae of 3M Company, et al. filed.
Nov 9 2015Brief amicus curiae of American Intellectual Property Law Association filed.
Nov 9 2015Brief amicus curiae of Biotechnology Industry Organization filed.
Nov 9 2015Brief amicus curiae of The Pharmaceutical Research and Manufacturers of America filed.
Nov 9 2015Brief amicus curiae of Intellectual Property Owners Association filed.
Nov 9 2015Brief amicus curiae of The Intellectual Property Law Association of Chicago filed.
Nov 9 2015Brief amicus curiae of New York Intellectual Property Law Association filed.
Nov 9 2015Brief amici curiae of Interdigital, Inc., Tessera Technologies, Inc.,and Fallbrook Technologies, Inc. filed.
Nov 9 2015Brief amicus curiae of Trading Technologoies International, Inc. filed.
Dec 4 2015Order further extending time to file response to petition to and including December 11, 2015.
Dec 11 2015Brief of respondent Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office in opposition filed.
Dec 18 2015Reply of petitioner Cuozzo Speed Technologies, LLC filed.
Dec 22 2015DISTRIBUTED for Conference of January 8, 2016.
Jan 11 2016DISTRIBUTED for Conference of January 15, 2016.
Jan 15 2016Petition GRANTED.
Feb 3 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 22 2016Brief of petitioner Cuozzo Speed Technologies, LLC filed.
Feb 22 2016Motion to dispense with printing the joint appendix filed by petitioner Cuozzo Speed Technologies, LLC.
Feb 25 2016Brief amicus curiae of New York Intellectual Property Law Association filed.
Feb 29 2016Brief amici curiae of 3M Company, et al. filed.
Feb 29 2016Brief amicus curiae of SightSound Technologies, LLC filed.
Feb 29 2016Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Feb 29 2016Brief amicus curiae of Intellectual Ventures Management, LLC filed.
Feb 29 2016Brief amici curiae of Patent-Practicing Technology Innovators filed.
Feb 29 2016Brief amici curiae of InterDigital, Inc., Tessera Technologies, Inc., et al. filed.
Feb 29 2016Brief amicus curiae of Paul R. Michel in support of neither party filed.
Feb 29 2016Brief amicus curiae of Medtronic, Inc. in support of neither party filed.
Feb 29 2016Brief amici curiae of Biotechnology Innovation Organization, et al. filed.
Feb 29 2016Brief amicus curiae of Federal Circuit Bar Association filed.
Feb 29 2016Brief amicus curiae of the Association of the Bar of the City of New York filed.
Feb 29 2016Brief amicus curiae of Mitchell Hamline School of Law Intellectual Property Institute filed.
Feb 29 2016Brief amici curiae of Law Professors Gregory Dolin, et al. filed.
Feb 29 2016Brief amicus curiae of National Association of Patent Practitioners, Inc. filed.
Mar 4 2016SET FOR ARGUMENT ON Monday, April 25, 2016
Mar 7 2016Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Mar 7 2016Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
Mar 7 2016Brief amicus curiae of International Business Machines Corporation in support of neither party filed.
Mar 7 2016Brief amici curiae of Microsoft Corporation and Professors Vincent Chiappetta and Lee A. Hollaar in support of neither party filed.
Mar 7 2016Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
Mar 7 2016Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Mar 7 2016Brief amicus curiae of Licensing Executives Society (USA. and Canada), Inc. in support of neither party filed.
Mar 14 2016Record requested from the U.S.C.A. Federal Circuit.
Mar 15 2016CIRCULATED.
Mar 15 2016Record received from the U.S.C.A. Federal Circuit is electronic and located on PACER.
Mar 23 2016Record received from the U.S. Patent and Trademark Office is electronic.
Mar 23 2016Brief of respondent Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office filed. (Distributed)
Mar 29 2016Brief amicus curiae of Public Knowledge filed. (Distributed)
Mar 30 2016Brief amici curiae of CME Group, Inc., et al. filed. (Distributed)
Mar 30 2016Brief amici curiae of Generic Pharmaceutical Association, et al. filed. (Distributed)
Mar 30 2016Brief amici curiae of Dell, et al. filed. (Distributed)
Mar 30 2016Brief amicus curiae of EMC Corporation filed. (Distributed)
Mar 30 2016Brief amicus curiae of Apple, Inc. filed. (Distributed)
Mar 30 2016Brief amici curiae of The American Bankers Association, et al. filed. (Distributed)
Mar 30 2016Brief amicus curiae of AARP filed. (Distributed)
Mar 30 2016Brief amicus curiae of Mylan Pharmaceuticals Inc. filed. (Distributed)
Mar 30 2016Brief amicus curiae of Unified Patents Inc. filed. (Distributed)
Apr 15 2016Reply of petitioner Cuozzo Speed Technologies, LLC filed. (Distributed)
Apr 25 2016Argued. For petitioner: Garrard R. Beeney, New York, N. Y. For respondent: Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 20 2016Adjudged to be AFFIRMED. Breyer, J., delivered the opinion for a unanimous Court with respect to Parts I and III, and the opinion of the Court with respect to Part II, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, and Kagan, JJ., joined. Thomas, J., filed a concurring opinion. Alito, J., filed an opinion concurring in part and dissenting in part, in which Sotomayor, J., joined.
Jul 22 2016JUDGMENT ISSUED
 
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