Guest Commentary by Prof. Peter Menell: Appellate Review of Patent Claim Construction and Institutional Competence Patentlyo

Posted on 12-03-2014 by
Tags: patent law , Trending News & Topics

In this guest commentary, Professor Peter Menell of the UC Berkeley School of Law recommends the Supreme Court should adopt a hybrid appellate standard of review for patent claim construction. Factual determinations underlying claim construction rulings would be subject to the deferential clearly erroneous standard, while the ultimate claim construction decision would be subject to de novo review.

http://patentlyo.com/patent/2014/12/construction-institutional-competence.html

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