IP Group Presses Fed. Circ. To Strike De Novo Ruling

Law360, New York (May 29, 2013, 8:02 PM EDT) -- The Intellectual Property Law Association of Chicago on Tuesday was the latest to target the Federal Circuit's controversial finding that claims construction rulings must be reviewed anew on appeal, and asked the appeals court to overrule a portion of that decision.

In an amicus curiae brief, the nonprofit argued that the Federal Circuit's 1998 ruling in Cybor Corp. v. FAS Techs. Inc. should be partly overruled in that appeals courts should not review de novo all aspects of claim interpretations by district courts when an appellant...
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