Supreme Court Upholds Patent Office’s Method Of Claim Construction

The 2011 Leahy-Smith America Invents Act (“AIA”) created a procedure called inter partes review (“IPR”) at the United States Patent Office (“PTO”) that allowed third parties to petition the PTO to reexamine previously issued patents to re-evaluate their patentability in light of prior art.1 The Act also granted the PTO the authority to issue “regulations . . . establishing and governing inter partes review.”2 Accordingly, the PTO issued a regulation stipulating that during IPR, a Continue Reading →