Phillips v. AWH (on petition for certiorari)
Last week, Phillips posted its opposition to AWH’s petition for certiorari in this landmark case focused on the question of whether patent claim construction should be reviewed de novo on appeal. [Link].
In “short and pithy” paper, AWH has now filed its reply with, inter alia, these points:
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On three separate occasions, an en banc CAFC has ruled that claim construction is reviewed de novo. That issue is ripe for review.
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This is an extremely important issue — one that garnered 23 amici briefs at the CAFC level. “The United States Patent and Trademark Office itself filed an amicus brief urging the Federal Circuit to apply some form of deferential review.”
The briefs may be circulated as early as next Tuesday.
Documents:
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File Attachment: Petition for Cert.pdf (161 KB) (Thanks to Counsel for both parties for providing copies of the briefs).
- Phillips v. AWH en banc decision.