"Ground-Breaking" Patent Case Breaks Little New Ground

February 01, 2006

With great anticipation, the patent bar awaited the decision by an en banc panel of the Federal Circuit in the case of Phillips v. AWH Corporation.  The decision would, it was hoped, bring some order to the relative chaos that marked claim construction proceedings at both the district court level and in the Federal Circuit.  Many in the bar believed the situation to be chaotic because of the high reversal rate of district court claim construction rulings by the Federal Circuit and perceived inconsistencies among various Federal Circuit panels in their approach to claim construction, both of which resulted in uncertainty among lawyers and clients as to the finality of proceedings in the district court and higher litigation costs. 

Document: "Ground-Breaking" Patent Case - PDF