The United States Patent and Trademark Office (USPTO) is conducting a series of roundtable discussions with the software community to share ideas, feedback, experiences, and insights on software-related patents. The USPTO refers to this series as its Software Partnership with the software community, with the stated purpose of enhancing the quality of software-related patents. To learn more about the Software Partnership, participate in the roundtable discussions, or write comments to the USPTO (the USPTO prefers written communications be delivered by Internet, rather than by regular mail), more information can be found here in the Federal Register.
En Banc CAFC Retains Cybor Rule of No Deference for Claim Construction, Citing Stare Decisis
In a 6-4 decision, the en banc Federal Circuit concluded as a matter of stare decisis that the rule in Cybor that claim construction is an issue of law subject to de novo review on appeal will be retained. Lighting Ballast Control LLC v. Philips Electronics North America Corp., Fed. Cir., No 2012-2014, 2/21/2014.
Judge Newman’s opinion was joined by Judges Lourie, Dyk, Prost, Moore, and Taranto, and was accompanied by a concurring opinion by Judge Lourie. A dissenting opinion was written by Judge O’Malley, joined by Chief Judge Rader and Judges Reyna and Wallach. Judges Chen and Hughes took no part in the consideration or decision of the case.
This case was taken for en banc review in March of 2013, when the Court said it would consider whether to overrule Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448 (Fed. Cir. 1998). That en banc decision held that claim construction is an issue of law subject only to de novo review.
This Thursday, February 20, Bill Ramey of Ramey & Browning will be a panelist at the Educational Symposium on Patent Strategy at the 2014 Texas Life Science Forum. He will join other leading attorneys in the field to answer questions and present information relating to intellectual property as it pertains to the life sciences and the biotechnology industry.
For more information on the Forum, hosted by Rice Alliance, BioHouston, Texas Healthcare and Biosciences Institute, and the Houston Area Translational Research Consortium at Rice University, visit http://alliance.rice.edu/2014_txlsvf/.