Cybor Corp. v. FAS Technologies, Inc.

 
APPEAL NO.
96-1286, 96-1287
OP. BELOW
DCT
OPINION
March 25, 1998
SUBJECT
Patent
AUTHOR
Archer

Question(s) Presented

Is claim construction a matter of pure law that allows for de novo appellate review?

Holding

“[W]e conclude that the Supreme Court’s unanimous affirmance in Markman v. Westview Instruments, Inc., 517 U.S. 370, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996) (Markman II), of our in banc judgment in that case fully supports our conclusion that claim construction, as a purely legal issue, is subject to de novo review on appeal.”