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Supreme Court: De Novo Review Proper For New Evidence in Patent Cases

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today rejected a call by the U.S. Patent and Trademark Office (PTO) for stricter evidentiary rules and an elevated standard of review in challenges to adverse patentability rulings ( David J. Kappos v. Gilbert P. Hyatt , No. 10-1219, U.S. Sup...

Fitch, Even, Tabin & Flannery LLP: Supreme Court Requires De Novo Review in Civil Actions to Obtain Patent

By Allen E. Hoover Today [April 18, 2012], in Kappos v. Hyatt , the U.S. Supreme Court affirmed the Court of Appeals for the Federal Circuit, holding that courts must consider de novo any evidence presented by the appellant in a civil action under 35 U.S.C. § 145 . Under 35 U.S.C. §145...

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...

Supreme Court: No De Novo Review of Attorney Fee Awards

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court yesterday held that an appellate court “should review all aspects” of a district court’s decision to award attorney fees under Section 285 of the Patent Act under an “abuse-of-discretion” standard ( Highmark...

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...