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Patricia O'Connell
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Brian Pandya Weighs in on Recent Appeals Court Ruling on Patent Claim Construction

February 24, 2014

Brian H. Pandya, a partner in Wiley Rein’s Intellectual Property Practice, was quoted in a February 21 Law360 article about a recent U.S. Court of Appeals for the Federal Circuit ruling on the standard of appellate review for district court claim constructions.

In a 6-4 en banc decision in Lighting Ballast v. Philips Electronics, the Federal Circuit ruled that the current de novo review standard should not be changed.  Several experts have said that the case would likely be taken up by the Supreme Court of the United States.  But Mr. Pandya told Law360 that the practical impact of this decision will be limited.

Mr. Pandya said that the appealability of claim constructions, and not the standard of review, is what matters to parties in patent cases.  “There's still a lot of risk in litigation,” Mr. Pandya told Law360.  “Whether claim construction is reviewed de novo or with deference, you have to go through litigation before you can appeal to the Federal Circuit. I had hoped that would be addressed.”