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Full-Text Articles in Law
Patent Claim Interpretation Review: Deference Or Correction Driven?, Christopher A. Cotropia
Patent Claim Interpretation Review: Deference Or Correction Driven?, Christopher A. Cotropia
BYU Law Review
This Article examines the Federal Circuit’s review of claim constructions by lower tribunals to determine whether the Federal Circuit defers to lower court constructions or is making its own, independent determination as to the “correct” construction and ultimate result in the case.
The data collected from 2010 to 2013 indicates that the Federal Circuit affirms about 75% of lower court claim interpretations. While this finding is itself surprising, even more surprising is that these reviews do not appear to be driven by deference. Instead, the Federal Circuit is less likely to correct constructions that resulted in a patentee loss below, …
The Heck Conundrum: Why Federal Courts Should Not Overextend The Heck V. Humphrey Preclusion Doctrine, Lyndon Bradshaw
The Heck Conundrum: Why Federal Courts Should Not Overextend The Heck V. Humphrey Preclusion Doctrine, Lyndon Bradshaw
BYU Law Review
No abstract provided.
Jury Nullification As A Tool To Balance The Demands Of Law And Justice, Aaron Mcknight
Jury Nullification As A Tool To Balance The Demands Of Law And Justice, Aaron Mcknight
BYU Law Review
No abstract provided.