For 15 years, a controversial opinion has allowed the U.S. Court of Appeals for the Federal Circuit to second-guess trial courts when the district courts make crucial decisions in patent infringement disputes—to the frustration of litigants. And the Federal Circuit will continue to retain that power, according a recent decision by the en banc court.
The Federal Circuit granted review last year to Lighting Ballast Control v. Universal Lighting Technologies, a patent infringement appeal from a Northern District of Texas trial court, in which litigants had mounted an attack on Cybor Corp. v. FAS Technologies.
