Appellate Standard of Review for Claim Construction Remains Unsettled

Practical Law Company
May 2014

Dominick Conde and Dennis Aeling review the history of the Federal Circuit’s de novo standard of review for claim construction, analyze its recent decisions in Lighting Ballast Controls v. Philips Electronics and Teva Pharmaceuticals v. Sandoz, and propose a new deferential appellate framework for reviewing district court claim constructions that parallels the Supreme Court’s approach to reviewing obviousness.

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