Re: Gumbo,I have a problem with your Cybor cite and ITC advantage. (Correction
posted on
Oct 31, 2013 10:46AM
That's fine. You very well may be right. Keep in mind that, as I said before, the ITC’s findings of fact are reviewed by the CAFC under a substantial evidence test. On the other hand, District court findings have the clearly erroneous test applied to them.
Given the above, ITC factual findings are given more deference than district court findings.