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Fed. Circ. Won't Defer To Judges On Claim Construction

Law360, New York (February 21, 2014, 2:26 PM EST) -- In a highly anticipated decision Friday, the full Federal Circuit decided not to change its long-standing practice of reviewing all claim construction rulings afresh on appeal, turning aside calls that giving more deference to lower courts would make patent litigation more predictable.

The issue sharply divided the en banc court, but the majority in the 6-4 decision concluded that the current de novo review standard for all claim construction rulings has worked well since it was established in a 1998 decision and that there was no...
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