In the past few months, the Federal Circuit has handed down significant rulings. Finnegan partner James R. Barney provided commentary to Law360 as they look back on key decisions for the year so far.
In Lighting Ballast Control LLC v. Philips Electronics North America Corp., the court decided to reconsider its standard on reviewing district court claim construction anew on appeal. “Claim construction is and always has been at the heart of patent litigation, and it often controls the case,” Barney said. “If more deference were given to the factual findings of the district court, all else being equal, we’d expect to see more affirmances of district court claim construction rulings,” Barney said.
Two other “rulings help flesh out the contours of Akamai,” Barney said. Last year’s en banc ruling in Akamai made it easier to prove induced infringement. In Aristocrat Technologies Australia Pty. Ltd. v. International Game Technology and Move Inc. et al. v. Real Estate Alliance Ltd., the Federal Circuit provided guidance on how it would implement Akamai.
