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High Court Hears Oral Arguments in Dispute over Evidence in Patent Appeals

WASHINGTON, D.C. - (Mealey's) Federal district courts deciding an adverse patentability ruling by the U.S. Patent and Trademark Office (PTO) should apply a deferential standard of review, an attorney for the U.S. government told the U.S. Supreme Court yesterday ( David J. Kappos v. Gilbert P...

Standard of Review For Objective Reasonableness Argued at Supreme Court

WASHINGTON, D.C. — (Mealey’s) The question of whether review of an award of attorney fees is entitled to deference is now before the U.S. Supreme Court, following Feb. 26 oral arguments in a dispute over a patented method for reviewing health care claims ( Highmark Inc. v. Allcare Health...

Supreme Court Hears Arguments in Dispute Over Claim Construction Review

WASHINGTON, D.C. — (Mealey’s) The Federal Circuit U.S. Court of Appeals’ practice of reviewing, de novo , factual findings by a district court in support of its claim construction in a patent case is improper, an attorney told the U.S. Supreme Court today ( Teva Pharmaceuticals USA...

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...

Federal Circuit Finds PTAB Claim Analysis Incomplete Relative to Markman

Functional Aspect of Structural Term Overlooked Wednesday, in Power Integrations, Inc., v. Lee (CAFC 2015) the Court considered the rejection of claims 1, and 17-19 of U.S Patent 6,249,876. Reexamination of the '876 patent was initiated by the USPTO in 2006 at the request of Fairchild Semiconductor...