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Article: Federal Circuit Abandons "Dictionary-First" Rule of Claim Construction.
- Article from:
- Mondaq Business Briefing
- Article date:
- July 28, 2005
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The U.S. Court of Appeals for the Federal Circuit has now issued its long expected en banc decision, touching on most of the issues identified by the Court in its en banc order but expressly declining to address whether it should accord any deference to trial court claim construction rulings. Phillips v. AWH Corp., Case Nos. 03-1269, -1286 (Fed. Cir. July 12, 2005) (en banc) (Bryson, J.) (Mayar, J. dissenting).
The majority opinion provides a useful, going-forward overview of claim construction protocols and canons of construction as well as a clear retreat from the Texas Digital "dictionary-first" approach to claim construction that has permeated many recent ...