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Top Court's Denial Won't Be Last Word On Claim Construction

Law360, New York (January 7, 2013, 7:56 PM EST) -- While the U.S. Supreme Court dismayed many observers Monday by refusing to weigh in on the Federal Circuit's rule that most claim construction rulings should be reviewed afresh on appeal, attorneys said the contentious patent issue is likely to return to the high court in another case in the future.

The justices rejected an appeal by Retractable Technologies Inc., which argued that by reviewing claim construction rulings de novo, with no deference to the district court, the Federal Circuit has made patent litigation expensive and unpredictable....
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