Federal Circuit Holds That Issues Of Claim Construction Must Be Reviewed Without Deference On Appeal, Without Regard To Legal Or Factual Distinctions
By EsqSocial Corporation 24/02/14
Since 1998, when the Federal Circuit issued its en banc opinion in Cybor Corp. v. FAS Technologies, Inc., claim construction issues have been subject to de novo review on appeal. Under this standard of review, no formal deference is given to findings...
By: Perkins Coie