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IP Alert
IP Alert: Cybor Stands—Federal Circuit Confirms De Novo Review of Claim Construction

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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