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Lighting Ballast Control v. Philips Electronics North America: Federal Circuit Reaffirms De Novo Appellate Review for District Court Claim Constructions

by Robert H. Fischer
Fitzpatrick, Cella, Harper & Scinto - New York Office

Sean M. McCarthy
Fitzpatrick, Cella, Harper & Scinto - New York Office

March 5, 2014

Previously published on February 24, 2014

On February 21, 2014, an en banc Federal Circuit decision held (6-4) that the construction of patent claims by a district court is subject to de novo review on appeal, thereby reaffirming Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448 (Fed. Cir. 1998)().


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