Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2017 ALM Media Properties, LLC. All Rights Reserved.