Fed. Circ. Claim Construction Case May Boost Patent Deals

By Ryan Davis (September 11, 2013, 7:07 PM EDT) -- Far fewer patent decisions will be reversed on appeal and parties will be more likely to settle if the Federal Circuit adopts a new standard for reviewing claim construction rulings in a case set to be argued before the full court Friday, attorneys say.

The Federal Circuit agreed in March to conduct an en banc rehearing of a patent dispute between Lighting Ballast Control LLC and Universal Lighting Technologies Inc. The full court will reconsider a controversial standard, set in 1998, that says claim construction rulings by a trial judge are entitled to no deference on appeal.

As a result of that standard,...

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