Justices May Throw Lifeline To Patents Facing AIA Reviews

By Ryan Davis

Law360, New York (January 19, 2016, 10:03 PM ET) -- By agreeing to review the claim construction standard used in America Invents Act proceedings, the U.S. Supreme Court could make it considerably easier for patents to survive the Patent Trial and Appeal Board, attorneys say, reshaping a process that detractors have described as “surprisingly lethal” for patents.

The high court decided Friday to hear an appeal by Cuozzo Speed Technologies LLC, which argues that the PTAB is wrong to construe the claims of the patents by giving them their “broadest reasonable interpretation,” and should be required...