The standard of review announced in Dickinson v. Zurko, 119 S. Ct. 1816 (1999), applies only to the U.S. Court of Appeals for the Federal Circuit’s review of decisions appealed directly to it from the U.S. Patent and Trademark Office, and not to a district court’s review of the validity of issued patents, the U.S. District Court for the District of Massachusetts held October 8, 1999 (U.S. Filter Corp. v. Ionics Inc., (D. Mass. No. 98-10541-REK, 10/8/99)).

The plaintiffs own U.S. Patent Re. No. 35,741, which is directed to an electrodeionization apparatus. The plaintiffs sued Ionics Inc. for infringement of the ’741 patent and Ionics moved for summary judgment of invalidity.

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