Intellectual Property
Mar. 27, 2013
Federal Circuit to consider deferring to trial court's findings
The Federal Circuit's de novo review standard has led to a 50 percent reversal rate. Aware of this, parties are often reluctant to settle based on a trial court's rulings. By Ben M. Davidson
On March 15, the U.S. Court of Appeals for the Federal Circuit agreed to reconsider the standard of review of a trial court's construction of patent claims, the portion of patents that defines their scope. In Lighting Ballast Control LLC v. Philips Electronics, Nos. 2012-1014, -1015, the court granted a petition for an en banc hearing to review its much-criticized 1998 Cybor Corp. v. FAS Technologies, 138 F.3d 1448, dec...
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