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- Title
AMGEN V. HMR: A CASE FOR DEFERENCE IN CLAIM CONSTRUCTION.
- Authors
Brown, Andrew S.
- Abstract
The article discusses the proper standard of review in claim construction cases. In the U.S., claim construction is currently reviewed de novo on appeal. This rule has its roots in the decisions of the U.S. Court of Appeals for the Federal Circuit in the Markman v. Westview Instruments Inc. and the Cybor Corp. v. FAS Technologies Inc. cases. However, the rule of de novo review in claim construction has been criticized for several reasons.
- Subjects
UNITED States; MARKMAN v. Westview Instruments Inc. (Supreme Court case); CYBOR Corp.; FAS Technologies Inc.; WESTVIEW Instruments Inc.; UNITED States. Court of Appeals (Federal Circuit); ACTIONS &; defenses (Law)
- Publication
Harvard Journal of Law & Technology, 2007, Vol 20, Issue 2, p479
- ISSN
0897-3393
- Publication type
Article