Federal Circuit Wary of Overruling 'Cybor' Precedent
At least four of the 11 judges at oral arguments on Friday seemed unwilling to overrule the court's 1998
Cybor v. FAS Technologies
decision and cede more deference to trial judges' findings of fact in claims construction hearings.
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Scott Graham writes for The Recorder, an American Lawyer affiliate.
Everybody arguing a potentially momentous patent case Friday — each of the parties and amicus curiae U.S. Patent and Trade Office — agreed that the U.S. Court of Appeals for the Federal Circuit ought to overrule its 1998 decision Cybor v. FAS Technologies.
The only people who didn't sound on board were the Federal Circuit judges themselves.
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