9 August 2016Jurisdiction reportsPaul J Sutton

Cuozzo case: weak patents suffer a blow

Siding with the US Patent and Trademark Office (USPTO), the court on June 20 upheld an America Invents Act (AIA) provision facilitating the institution of inter partes review of the validity of patents at the USPTO, under 35 USC section 314(d). Justice Stephen Breyer authored the court’s opinion in the case, Cuozzo Speed Technologies v Lee.

For some time now, parties who are the targets of patent infringement claims or who believe that they are potential targets have been limited in developing successful strategies for fighting such claims. Many find themselves to be defendants in US district court patent infringement actions in less than favourable venues. The patent owner plaintiffs in litigation may assert more than a single patent, with the total number of patent claims in dispute numbering in the dozens or hundreds.

Most patent cases are tried before a jury numbering at least six, and typically with two or more alternates who, in addition to hearing all of the evidence, will participate in deliberations and have a full and equal vote resulting in a jury verdict.

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