February 21, 2014
Today the Court of Appeals for the Federal Circuit issued its en banc decision on Lighting Ballast Control LLC v. Philips Electronics North America Corp. In a closely watched decision, a majority of the judges held that the Federal Circuit will continue to review district court claim construction decisions under a de novo standard of review. The court rejected the contention of the patentee, supported by several amici, that the court should apply a more deferential standard of review. There was a vigorous dissent.
Fitch Even attorneys are studying the Lighting Ballast decision and will provide an update in a future IP alert.
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