What To Expect From Fed. Circ. In Lighting Ballast
Law360, New York (February 6, 2014, 12:38 PM EST) -- On Sept. 13, 2013, the Federal Circuit sat en banc to hear argument in the Lighting Ballast case. The court asked whether it should “afford deference to any aspect of a district court’s claim construction.” The answer to that question could bring more certainty to claim construction and to patent infringement litigation.
The Federal Circuit has sat en banc to decide three important claim construction cases, Markman I in 1995, Cybor in 1998, and Phillips in 2005. In all three cases, the court took the...