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On March 15, 2013, the U.S. Court of Appeals for the Federal Circuit agreed to consider en banc whether claim construction decisions made by district courts should be given deference on appeal. This action may have profound implications for biotech patents in the years ahead. The Federal Circuit’s standard for review of claim construction decisions, as stated in Cybor v. FAS Techs., is "as a purely legal question, [the court reviews] claim construction de novo on appeal including any allegedly fact-based questions relating to claim construction." The Federal Circuit granted the request to reconsider Cybor in response to Lighting Ballast Control LLC’s 2012 petition for a rehearing en banc in Lighting Ballast Control v. Philips Electronics North America.

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