BIO issued the following statement following yesterday’s Supreme Court decision in the case of Cuozzo Speed Technologies, LLC v. Lee.
“Regrettably, today the Supreme Court missed an opportunity in the case of Cuozzo Speed Technologies, LLC v. Lee to reign in the United States Patent and Trademark Office’s Patent Trial and Appeal Board‘s invalidation of many patents under looser standards than would apply in federal court.
“While we are disappointed in the Court’s ruling, it is important to note that all the Court decided today was the PTO could lawfully use the “broadest reasonable interpretation” (BRI) claim construction standard because Congress had not spoken directly to this issue in the statute. However, the Court also made clear in its opinion that the PTO or Congress could choose to change that standard to address the policy concerns that have been raised by amici, such as BIO. We continue to urge the PTO and Congress to do just that. The powerful reasons to abandon the unfair BRI standard remain even after today’s decision, and the strong bipartisan votes to repeal BRI by both the House and Senate Judiciary Committees reinforce the breadth of support for that policy position.”
The statement can also be found here.