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Message: Re: Federal Court rulings trump the ITC when it comes to patents...

Court rulings. RULINGS. District court rulings will always trump the ITC since ITC decisions are given NO deference. This is old, old news.

I guess I don't understand what those attorneys said that's any different than what I've been saying.

I keep saying this over and over. Claim construction by district courts are given no deference by the CAFC, as decided by the Cybor court. Whether that's the way it should be is a question up for appeal presently in Lighting Ballast Control. http://scholar.google.com/scholar_case?case=3714212432915691471&hl=en&as_sdt=400006

Here is an excerpt:

"(3) The parties are requested to file new briefs. The briefs should address the following issues:

a. Should this court overrule Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448 (Fed. Cir. 1998)?

b. Should this court afford deference to any aspect of a district court's claim construction?

c. If so, which aspects should be afforded deference?"

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