Intellectual Property Alert: En Banc Federal Circuit to Revisit Cybor No-Deference Rule

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September 16, 2013 – The Federal Circuit heard arguments on Friday in Lighting Ballast Control LLC v. Philips Electronics North America. In March, the court granted a petition for rehearing en banc to reconsider its 1998 ruling in Cybor Corp. v. FAS Techs. Inc., which held that district court claim construction rulings are reviewed on appeal entirely de novo (without deference).

The rehearing was granted to address the following questions:

a. Should this court overrule Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448 (Fed. Cir. 1998)?

b. Should this court afford deference to any aspect of a district court’s claim construction?

c. If so, which aspects should be afforded deference?

Please see full alert below for more information.

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Topics:  Agency Deference, Appeals, Claim Construction, Standard of Review, Trial de Novo

Published In: Civil Procedure Updates, Intellectual Property Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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