Leahy-Smith America Invents Act

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US Supreme Court

Case Name: Cuozzo Speed Technologies v. Leee

Case No.: 15-446

Focus: Leahy-Smith America Invents Act

Plaintiff challenge to patent office decision to institute inter partes review is barred by Section 314(d)

“The text of §314(d) expressly states that the Patent Office’s determinations whether to institute inter partes review “shall be final and nonappealable.” Moreover, construing §314(d) to permit judicial review of the Patent Office’s preliminary decision to institute inter partes review undercuts the important congressional objective of giving the agency significant power to revisit and revise earlier patent grants. Past practice in respect to related proceedings, including the predecessor to inter partes review, also supports the conclusion that Congress did not intend for courts to review these initial determinations. Finally, reading §314(d) as limited to interlocutory appeals would render the provision largely superfluous in light of the Administrative Procedure Act. “

Affirmed

CONCURRING: THOMAS, ALITO, SOTOMAYOR

DISSENTING: ALITO, SOTOMAYOR

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.