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Published: 23 September 2014 23 September 2014

By Stephen L. Grant, Sr. Atty, Standley Law Group LLP

On Feb. 21, the Federal Circuit handed down the awaited decision in Lighting Ballast Control,¹ a case scheduled for en banc rehearing to determine the ongoing viability of the Cybor² doctrine that all patent claim constructions are entitled to de novo review upon appeal. In a split 6-4 decision,³ Cybor lives on. From reading the three opinions,⁴ the concurrence by Judge Lourie may have the most lasting value. But first, let’s set up the case for you.

The questions posed by the Federal Circuit for briefing were:

• Should this Court overrule Cybor?
• Should this Court afford deference to any aspect of a district court’s claim construction?
• If so, which aspects should be afforded deference?

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