On a more constructive note, CobaltBlue, I would appreciate hearing your thoughts on this opinion of the current state of Markman:
...For all of that, it appears that Cybor will remain the controlling case law for U.S. patent litigation. What it necessarily means is patent owners will have to remain uncertain as to the certain meaning of their patent claims until the Federal Circuit has completed its de novo review which will, in turn, be decided free from any deference or regard to whatever claim interpretation may have been applied at the trial court level.
The Full Markman - Naked and Revealed
pillsburylaw.com
Also, the same essay also contains some interesting statistics regarding patent litigation:
Judge Rader's dissent presents some interesting statistics. Of a total of 246 patent cases, originating in the Board of Patent Appeals and Interferences (BPAI), the district courts, and the Court of Federal Claims, 141 cases expressly reviewed claim construction issues. Of these 141 decisions, the Federal Circuit reversed, in whole or in part, 54 or 38.3% of the claim construction determinations by the lower tribunals. Further, with respect to cases from trial courts, the rate of reversal of claim constructions is 47 out of 126 or 37.3%.
For the non-lawyers like me, below is an explanation of the De novo review, one of the 3 common standards of appeal:
ragingbull.com |
