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Citing Phillips, federal circuit panel vacates ITC’s claim construction

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • January 7 2008

In a recent decision, a divided panel of the U.S. Court of Appeals for the Federal Circuit once again applied Phillips v. AWH Corp., 415 F.3d 1303, 1316 (Fed. Cir. 2005) (en banc) to vacate a United States International Trade Commission (“ITC”) claim construction, finding that the specification contained a controlling definition of a claim term