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Message: Cuozzo v. Lee,Supreme Court require address two critically important questions

The specific questions presented in the Cuozzo Speed Technologies certiorari petition were as follows:

1. Whether the court of appeals erred in holding that, in IPR proceedings, the Board may construe claims in an issued patent according to their broadest reasonable interpretation rather than their plain and ordinary meaning.

2. Whether the court of appeals erred in holding that, even if the Board exceeds its statutory authority in instituting an IPR proceeding, the Board’s decision whether to institute an IPR proceeding is judicially unreviewable.

In accepting the case the Supreme Court merely wrote: “The petitions for writs of certiorari are granted.” Thus, the Court has accepted both questions.

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