ABA Asks Fed. Circ. To Change Claim Construction Standard

Law360, New York (May 20, 2013, 7:02 PM EDT) -- The American Bar Association on Monday urged the Federal Circuit to overturn its controversial position that claims construction rulings must be reviewed anew on appeal, arguing that patent litigation would be more efficient and predictable if district courts' factual findings were given greater deference.

The ABA filed an amicus brief in the closely watched appeal Lighting Ballast Control LLC v. Philips Electronics North America, which the Federal Circuit agreed to review en banc in March. The Federal Circuit is considering whether to overturn its controversial 1998 ruling in Cybor Corp. v. FAS Techs. Inc., which held that district court claim construction...

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