The Supreme Court has granted writ of certiorari in a pending Inter Partes Review (IPR) challenge in Cuozzo Speed Tech v. Lee. The questions on review relate to whether the court of appeals erred in holding that in IPR proceedings, the PTAB may construe claims in an issued patent according to their broadest reasonable interpretation, rather than their plain and ordinary meaning, as well as on whether the PTAB’s decision to institute an IPR proceeding is itself unreviewable.
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Section 285 is Inappropriate for Deterrence Based Sanctions
In a recent decision in Lumen View v. FindTheBest.Com, the Federal Circuit held that Section 285 of U.S. patent laws does not support the deterrence based award of fees or sanctions, instead the Federal Circuit suggested that sanctions under Rule 11 of the FRCP to be the more appropriate vehicle. The Federal Circuit in this case did affirm the lower court’s “exceptional case” finding under 35 U.S.C. 285 as well as the award of “reasonable attorney fees”, but has vacated the doubling of the award to “deter baseless litigation” as unjustifiable.