Federal Circuit affirms practice of reviewing trial judges’ patent claim interpretation rulings anew
In a newly issued opinion, the Federal Circuit has affirmed its long-standing practice of reviewing trial court claim construction rulings de novo, as a question of law, while issues of fact will continue to receive deference by the reviewing appeals court.
Under US law generally, questions of law are reviewed anew (de novo, or without deference to the trial court) by an appellate court. On questions of fact, however, trial courts do receive deference by the reviewing appeals court.
The question arises, then, what to do with an issue that is both. As the Supreme Court has found, determining the meaning of a patent claim term is a ‘mongrel practice’ of law and fact with ‘evidentiary underpinnings’. In a much anticipated decision handed down on 21 February 2014, the Federal Circuit held, six to four, that it will continue to review claim construction rulings by trial courts anew, as a question of law…
Click on the link below to read the rest of the Allen & Overy briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
At the time of its launch Accutrainee was described as a revolutionary change to the training model. Has it proved to be so? Not really.