The Federal Circuit has long maintained that it is entitled to review a claim construction decision de novo, without deference to the district court. See, e.g., Cybor Corp. v. FAS Techs., Inc.
The New Hybrid Standard for Appellate Review in Claim Construction
The Federal Circuit has long maintained that it is entitled to review a claim construction decision <i>de novo</i>, without deference to the district court. Over the years, this approach has led to a notably high reversal rate of district court claim construction decisions. This "two bites at the apple" approach remained controversial, and on Jan. 20, 2015, the Supreme Court rejected this blanket policy of <i>de novo</i> review in favor of a hybrid approach.
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