Fed. Circ. 'Trap' Strips Right To Jury Trial, High Court Told

By Ryan Davis (September 23, 2021, 11:18 PM EDT) -- Federal Circuit precedent on claim construction has created a "well-recognized trap" that improperly lets the appeals court "usurp" the jury's role and must be discarded, a winch-maker that lost a $1.8 million infringement verdict under the rule has told the U.S. Supreme Court.

In a petition for certiorari docketed Wednesday, Olaf Soot Design LLC asked the justices to review a January decision in which the Federal Circuit held that a New York judge wrongly left a claim construction issue to be resolved by the jury.

The appeals court said that under the correct construction, defendant Daktronics Inc. did not infringe, so...

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