“Patentees should appreciate Teva because those that make their claim construction cases in district court — before juries and judges who lack deep technical knowledge — now have stronger positions as appellee. Patent trials will carry added significance because non-prevailing parties can no longer count on the Federal Circuit to save their skins through de novo review. Aggregate patent-litigation costs should diminish because the reversal rate in patent cases — traditionally considerably higher than in other civil appeals — will decline, making prospective appellants less enthusiastic. This decision follows logically the Supreme Court’s signals that the Federal Circuit ought to temper its zeal for de novo review in favor of deference to trial courts.”
1.20.2015