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District Court Judge Provides Another Reminder of Dysfunctional State of the Federal Circuit's Claim Construction Jurisprudence

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

Trading Technologies Int'l. Inc. v. eSpeed Inc. (Fed. Cir. 2010) By Kevin E. Noonan -- In an otherwise unremarkable affirmance of jury verdicts and district court decisions on claim construction, the nascent Chief Judge of the Federal Circuit, Randall Rader, and District Court Judge Ron Clark (E.D Tex.) sitting by designation, provided remarkably similar views on the negative consequences of the de novo review standard for claim construction enunciated 13 years ago by the en banc court in Cybor Corp. v. FAS Technologies, Inc. That standard, whereby the appellate court gives no deference to the underlying factual determinations made by...

Full post as published by Patent Docs on March 02, 2010 (boomark / email).