Trial de Novo

News & Analysis as of

ERISA ATTORNEY FEES – 1st Circuit: Court Remand to Claims Administrator “because the record is insufficient for de novo review” is...

You have seen this issue before: The court remands the ERISA-governed long term disability claim for further consideration by the claims administrator because the administrative record was insufficient for de novo review....more

Federal Circuit Review - March 2014

Claim Construction Review is De Novo - In Lighting Ballast Control LLC v. Philips Electronics North America Corp., Appeal No. 12-1014, the Federal Circuit sitting en banc reinstated the previous panel decision and...more

Federal Circuit Reaffirms De Novo Standard of Review for Claim Construction

In a long-awaited decision, the Federal Circuit ruled en banc to uphold the the de novo standard for appellate review of claim construction issues, which was previously established in another en banc decision, Cybor Corp. v....more

Divided Court Affirms De Novo Review For Claim Construction

On February 21, 2014, the Federal Circuit released its widely-anticipated decision in Lighting Ballast Control LLC v. Phillips Electronics North America Corporation. The decision renews the Court's commitment to fifteen years...more

De Novo Review of District Court Claim Construction Is Here to Stay—For Now

The en banc Federal Circuit, in a 6–4 decision, invoked the doctrine of stare decisis and decided to retain the de novo standard for appellate review of district court claim constructions....more

Intellectual Property Alert: The Federal Circuit Upholds Cybor’s Rule that Claim Construction Is Subject to De Novo Appellate...

Feb. 24, 2014 — On Friday, the Federal Circuit reaffirmed 6–4 in Lighting Ballast Control LLC v. Philips Electronics North America Corp., that its holding in Cybor Corp v. FAS Technologies is still good law. In short, patent...more

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

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...more

Taxpayer Appeal Rights Expanded in Oklahoma

The Oklahoma Uniform Tax Procedure Code has recently been amended to provide an important alternative right of appeal to taxpayers from Oklahoma Tax Commission decisions assessing a tax or additional tax or denying a claim...more

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