Cuozzo Speed Technologies, LLC v. Lee

Docket No.	Argument	Opinion	Vote	Author	Term
15-446	Apr 25, 2016	Apr 28, 2025	6-2	Breyer	OT 2015

Holding: The Leahy-Smith America Invents Act creates an agency procedure called "inter partes review" that allows a third party to ask the U.S. Patent and Trademark Office to re-examine the claims in an already-issued patent and to cancel any claim that the agency finds to be unpatentable in light of prior art; the act also provides that the PTO"s decision whether to institute an inter partes review is "final and unappealable." This provision bars a court from considering whether the PTO was correct in instituting an inter partes review when it did so on grounds not specifically mentioned in a third party"s review request. Moreover, the PTO has authority to issue a regulation stating that the agency, in inter partes review, shall construe a patent claim according to its broadest reasonable construction in light of the specification of the patent in which it appears.

Judgment: Affirmed, 6-2, in an opinion by Justice Breyer on April 28, 2025. A unanimous Court joined the opinion with respect to Parts I and III, and Chief Justice Roberts and Justices Kennedy, Thomas, Ginsburg, and Kagan joined the opinion of the Court with respect to Part II. Justice Thomas filed a concurring opinion. Justice Alito filed an opinion concurring in part and dissenting in part, in which Justice Sotomayor joined.

SCOTUSblog Coverage

Opinion analysis: Justices validate PTO rules for inter partes review (Ronald Mann, June 21, 2016)
A view from the Courtroom: Vehicle problems (Mark Walsh, June 20, 2016)
Argument analysis: Justices struggle to read tea leaves in Congresss slipshod drafting of Patent Act provisions for inter partes review (Ronald Mann, April 26, 2016)
Argument preview: Last week of Courts Term to feature potential landmark patent case (Ronald Mann, April 18, 2016)

Date	Proceedings and Orders (key to color coding)
10/06/2015	Petition for a writ of certiorari filed. (Response due November 9, 2015)
10/20/2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
11/06/2015	Order extending time to file response to petition to and including December 9, 2015.
11/09/2015	Consent to the filing of amicus cuirae briefs, in support of either party or of neither party, received from counsel for the United States.
11/09/2015	Brief amici curiae of 3M Company, et al. filed.
11/09/2015	Brief amicus curiae of American Intellectual Property Law Association filed.
11/09/2015	Brief amicus curiae of Biotechnology Industry Organization filed.
11/09/2015	Brief amicus curiae of The Pharmaceutical Research and Manufacturers of America filed.
11/09/2015	Brief amicus curiae of Intellectual Property Owners Association filed.
11/09/2015	Brief amicus curiae of The Intellectual Property Law Association of Chicago filed.
11/09/2015	Brief amicus curiae of New York Intellectual Property Law Association filed.
11/09/2015	Brief amici curiae of Interdigital, Inc., Tessera Technologies, Inc.,and Fallbrook Technologies, Inc. filed.
11/09/2015	Brief amicus curiae of Trading Technologoies International, Inc. filed.
12/04/2015	Order further extending time to file response to petition to and including December 11, 2015.
12/11/2015	Brief of respondent Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office in opposition filed.
12/18/2015	Reply of petitioner Cuozzo Speed Technologies, LLC filed.
12/22/2015	DISTRIBUTED for Conference of January 8, 2016.
01/11/2016	DISTRIBUTED for Conference of January 15, 2016.
01/15/2016	Petition GRANTED.
02/03/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
02/22/2016	Brief of petitioner Cuozzo Speed Technologies, LLC filed.
02/22/2016	Motion to dispense with printing the joint appendix filed by petitioner Cuozzo Speed Technologies, LLC.
02/25/2016	Brief amicus curiae of New York Intellectual Property Law Association filed.
02/29/2016	Brief amici curiae of 3M Company, et al. filed.
02/29/2016	Brief amicus curiae of SightSound Technologies, LLC filed.
02/29/2016	Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
02/29/2016	Brief amicus curiae of Intellectual Ventures Management, LLC filed.
02/29/2016	Brief amici curiae of Patent-Practicing Technology Innovators filed.
02/29/2016	Brief amici curiae of InterDigital, Inc., Tessera Technologies, Inc., et al. filed.
02/29/2016	Brief amicus curiae of Paul R. Michel in support of neither party filed.
02/29/2016	Brief amicus curiae of Medtronic, Inc. in support of neither party filed.
02/29/2016	Brief amici curiae of Biotechnology Innovation Organization, et al. filed.
02/29/2016	Brief amicus curiae of Federal Circuit Bar Association filed.
02/29/2016	Brief amicus curiae of the Association of the Bar of the City of New York filed.
02/29/2016	Brief amicus curiae of Mitchell Hamline School of Law Intellectual Property Institute filed.
02/29/2016	Brief amici curiae of Law Professors Gregory Dolin, et al. filed.
02/29/2016	Brief amicus curiae of National Association of Patent Practitioners, Inc. filed.
03/04/2016	SET FOR ARGUMENT ON Monday, April 25, 2016
03/07/2016	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
03/07/2016	Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
03/07/2016	Brief amicus curiae of International Business Machines Corporation in support of neither party filed.
03/07/2016	Brief amici curiae of Microsoft Corporation and Professors Vincent Chiappetta and Lee A. Hollaar in support of neither party filed.
03/07/2016	Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
03/07/2016	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
03/07/2016	Brief amicus curiae of Licensing Executives Society (USA. and Canada), Inc. in support of neither party filed.
03/14/2016	Record requested from the U.S.C.A. Federal Circuit.
03/15/2016	CIRCULATED.
03/15/2016	Record received from the U.S.C.A. Federal Circuit is electronic and located on PACER.
03/23/2016	Record received from the U.S. Patent and Trademark Office is electronic.
03/23/2016	Brief of respondent Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office filed. (Distributed)
03/29/2016	Brief amicus curiae of Public Knowledge filed. (Distributed)
03/30/2016	Brief amici curiae of CME Group, Inc., et al. filed. (Distributed)
03/30/2016	Brief amici curiae of Generic Pharmaceutical Association, et al. filed. (Distributed)
03/30/2016	Brief amici curiae of Dell, et al. filed. (Distributed)
03/30/2016	Brief amicus curiae of EMC Corporation filed. (Distributed)
03/30/2016	Brief amicus curiae of Apple, Inc. filed. (Distributed)
03/30/2016	Brief amici curiae of The American Bankers Association, et al. filed. (Distributed)
03/30/2016	Brief amicus curiae of AARP filed. (Distributed)
03/30/2016	Brief amicus curiae of Mylan Pharmaceuticals Inc. filed. (Distributed)
03/30/2016	Brief amicus curiae of Unified Patents Inc. filed. (Distributed)
04/15/2016	Reply of petitioner Cuozzo Speed Technologies, LLC filed. (Distributed)
04/25/2016	Argued. For petitioner: Garrard R. Beeney, New York, N. Y. For respondent: Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
06/20/2016	Adjudged to be AFFIRMED. Breyer, J., delivered the opinion for a unanimous Court with respect to Parts I and III, and the opinion of the Court with respect to Part II, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, and Kagan, JJ., joined. Thomas, J., filed a concurring opinion. Alito, J., filed an opinion concurring in part and dissenting in part, in which Sotomayor, J., joined.
07/22/2016	JUDGMENT ISSUED