LexisNexis® Legal Newsroom
Patents Post-Grant: CAFC Contemplates De Novo Review of USPTO Claim Constructions

Court Troubled by Own Inconsistent Precedent As explained very recently by Director Kappos, the USPTO has a well established practice of applying a broadest reasonable claim interpretation (BRI) in proceedings before the USPTO. For this reason, Director Kappos explained that although the AIA was silent...

Supreme Court Will Hear Dispute Over De Novo Claim Construction Review

WASHINGTON, D.C. — (Mealey’s) The question of which standard — de novo or only for clear error — the Federal Circuit U.S. Court of Appeals should apply when reviewing a district court’s factual findings in support of a claim construction in patent cases will be argued at...

Federal Circuit's Application of New Teva Standard for Appellate Review of Claim Construction Changes Outcome in Lighting Ballast

Previously, on January 2, 2013, the Court of Appeals for the Federal Circuit decided the claim construction issues in Lighting Ballast Control LLC v. Philips Electronics North America Corp. (“ Lighting Ballast I ”). In that decision, the Federal Circuit applied the previously applicable standard...