Thursday, April 3, 2014

Supreme Court to Decide Standard of Review for Patent Claim Interpretation Rule

The Supreme Court on Monday granted a petition for review of the Federal Circuit's en banc decision upholding its practice of applying de novo review of patent claim construction decisions. Rule 52 states that "findings of fact ... must not be set aside unless clearly erroneous.” The petitioner stated the question on appeal as:

Whether a district court’s factual finding in support of its construction of a patent claim term may be reviewed de novo, as the Federal Circuit requires (and as the panel explicitly did in this case), or only for clear error, as Federal Rule of Civil Procedure 52(a) requires.

I'll go out on a thick limb and predict that the Supreme Court will unanimously reverse the Federal Circuit and require some degree of deference to findings of fact in District Court decisions while still allowing de novo review of the legal conclusion. The only question is how the Court will attempt to draw a line between factual and legal conclusions in claim construction.

3 comments:

  1. From this it seems that the supreme courts ruling would be universal from state to state. How come then, are there so many different patent laws even within the United States? I guess you need to find an attorney who can help in each state. I think that should protect you on a state and national level. http://www.patebaird.com

    ReplyDelete
  2. This articles very good and thanks for your nice work.A patent is one of the most complex legal documents that is techno-legal in nature. Drafting and prosecution of patent needs technical skills as well as thorough knowledge of patent law . Patent Registration in India | Registered patent attorney India

    ReplyDelete
  3. Dr Itua cure my HIV, I have been a ARV Consumption for 10 years. i have been in pains until i came across Dr Itua on blogs site.I emailed him about my details of my HIV and my location i explained every thing to him and he told me that there is nothing to be scared of that he will cured me, he gave me guarantee,He ask me to pay for items fees so when i'm cured I will show gratitude I did and giving testimony of his healing herbs is what I'm going to do for the rest of you out there having HIV and other disease can see the good work of Dr Itua.I received his herbal medicine through EMS Courier service who delivered to my post office within 5 working days.Dr Itua is an honest man and I appreciate him for his good work.My GrandMa called him to appreciate him and rest of my friends did too,Is a joy to me that I'm free of taking Pills and having that fat belle is a nightmare.you will understand what i'm talking about if you have same problem I was having then not now though.I'm free and healthy Big Thanks To Dr Itua Herbal Center.I have his calendar too that he recently sent me,He Cure all kind disease Like,Cancer,Herpes,Fibromyalgia,Hiv,Hepatitis B,Liver/Kidney Inflamatory,Epilepsy,Infertility,Fibroid,Diabetes,Dercum,Copd ,and also Bring back Ex Lover Back..Here his Contact .drituaherbalcenter@gmail.com Or Whats_app Number +2348149277967

    ReplyDelete