Fed. Circ. Wary Of Altering Claim Construction Review

Law360, Washington (September 13, 2013, 4:01 PM EDT) -- An en banc Federal Circuit panel on Friday questioned whether it should alter its current claim construction review standards, voicing concern that if it gives deference to lower courts' factual findings it could create more uncertainty in patent appeals proceedings.

Although the court received 21 amicus briefs in the patent dispute between Lighting Ballast Control LLC and Universal Lighting Technologies Inc., many of which called for some level of deference to lower courts' factual determinations, the judicial bench seemed wary of altering its current de novo...
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