Fed. Circ. Could Take The Coin Flip Out Of Patent Appeals

Law360, New York (March 21, 2013, 7:53 PM EDT) -- With the full Federal Circuit set to reconsider its controversial position that claims construction rulings must be reviewed anew on appeal, attorneys say a new, relaxed standard that gives more deference to district courts would make patent litigation more predictable and lead to a jump in settlements.

The appeals court said March 15 that it would review a decision that reversed Lighting Ballast Control LLC's fluorescent lighting patent win and revisit a divisive precedent set in a 1998 case that claim construction rulings are entitled to...
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