Fed. Circ. Split May Send Claim Construction To High Court

Law360, New York (February 21, 2014, 9:01 PM EST) -- A sharply divided decision Friday by the full Federal Circuit that retained a controversial policy of reviewing all claim construction rulings afresh on appeal is ripe for review by the U.S. Supreme Court, since the current standard has been strongly criticized by judges and academics for years, attorneys say.

Turning aside calls by the U.S. Patent and Trademark Office and several prominent bar associations to afford at least some deference to district courts' claim construction rulings to make patent law more predictable, a 6-4 majority of...
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