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The links contained within this site will lead you to sites outside of the Association's website. The linked sites are not under the control of the Association and the Association is not responsible for the contents of any linked site or any link contained in a linked site. The Association is providing these links for your reference as a member and the inclusion of any link does not imply endorsement by the Association of the site.
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November 22, 2006
The Court of Appeals for the Federal Circuit denied a petition for rehearing en banc in Amgen Inc. v. Aventis Pharmaceuticals Inc. the decision of the United States District Court for the District of Massachusetts, with four separate dissents and two concurrences. The court declined to review its decision in Cybor, which established de novo review for claim construction. Many critics want to overturn Cybor, and allow deferential review to a district court?s claim construction. Some concerns include the trial court?s advantageous position for findings of fact, uncertainty in patent litigation due to a high appeal rate, and even discouraging district court judges, who already struggle with the advanced science in patent cases, only to be overturned. |
| Procedural Rules and Legislative Update |
| The links contained within this site will lead you to sites outside of the Association's website. The linked sites are not under the control of the Association and the Association is not responsible for the contents of any linked site or any link contained in a linked site. The Association is providing these links for your reference as a member and the inclusion of any link does not imply endorsement by the Association of the site. |
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December 1, 2006
Rule 32.1 of the Federal Rules of Appellate Procedure takes effect December 1, which allows citation of nonprecedential opinions. It will require all federal circuit courts of appeals to permit citation to unpublished opinions. In effect, it only requires the Second, Seventh, Ninth, and Federal circuits to allow citation like the other nine circuits. Rule 32.1 will apply to any unpublished or non-precedential opinion issued on or after January 1, 2007.
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