USPTO Urges Limited Change To Claim Construction Rules

Law360, New York (June 10, 2013, 7:28 PM EDT) -- Factual determinations made by a district court during claim construction should be given deference on appeal, but the interpretation of the claims themselves should be reviewed afresh, the U.S. Patent and Trademark Office told the Federal Circuit Friday.

The patent office filed its amicus brief in a case in which the full Federal Circuit is reconsidering the existing rule that lower court claim construction are always subject to de novo review on appeal.

The 1998 case that established that standard, Cybor Corp. v. FAS Technologies Inc.,...
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