The Clearing House Payments Company filed an amicus brief in Cuozzo v. Lee. In this case, Cuozzo appealed a Patent Trial and Appeal Board (PTAB) decision invalidating claims of a Cuozzo patent in an inter partes review (IPR) proceeding. One of Cuozzo’s grounds for appeal was the PTAB’s application of the broadest reasonable construction to claim terms in the IPR proceeding in accordance with a regulation promulgated by the United States Patent and Trademark Office (PTO). The U.S. Court of Appeals for the Federal Circuit affirmed the PTAB’s decision and concluded that Congress impliedly approved application of the broadest reasonable construction and, in the alternative, that the promulgation of the regulation at issue was a valid exercise of the PTO’s rulemaking authority. Cuozzo ultimately sought Supreme Court review. The amicus brief argues that Cuozzo cites misleading statistics to support its contention that IPR proceedings invalidate too many patents, that the statutory language used by Congress and the fundamental differences between IPR proceedings and district court litigation both support the use of broadest reasonable construction, and that maintaining the integrity of IPR proceedings as an efficient alternative to district court litigation for dealing with poor quality patents is important to banks and other financial services companies.
You Might Also Be Interested In...
Amicus Briefs BPI, Trades File Brief Supporting BofA Argument that National Law Preempts N.Y. Mortgage Escrow Rate Requirements
Amicus Briefs BPI, Joint Trades File Amici Brief in Goldman Shareholder Class Action Case Before SCOTUS
Consumer Affairs BPI Files Joint Amici Brief With Other Trades in California v. OCC Case on the OCC’s ‘Madden Fix’ Regulation
Amicus Briefs BPI Submits Amicus Brief in Hymes v. Bank of America National Bank Act Preemption Case
Amicus Briefs BPI Files Amicus Brief on Applicability of HOLA Preemption to Successor Banks in McShannock v. JP Morgan Chase
More Posts by This Author
Bank Capital and Stress Testing U.S. Bank Capital Levels: Aligning With or Exceeding Midpoint Estimates of Optimal
Central Bank Digital Currency BPI’s Paige Pidano Paridon Testifies on CBDC Before House Subcommittee
Bank Activities and Structure BPI Statement Before the U.S. House Financial Services Committee’s Subcommittee on Digital Assets, Financial Technology and Inclusion
Bank Activities and Structure BPI Statement Before the U.S. House Financial Services Committee’s Subcommittee on Financial Institutions and Monetary Policy
Basel Finalization BPI’s Greg Baer Testifies on Basel Endgame Before House Financial Services Subcommittee