Re: Gumbo,I have a problem with your Cybor cite and ITC advantage.
in response to
by
posted on
Oct 31, 2013 12:17AM
Sorry for the prior incomplete post.
I should also have mentioned that ITC factual findings are reviewed under the deferential “substantial evidence” standard. This was established in Spansion, Inc. v. ITC, 629 F.3d 1331, 1343 (Fed. Cir. 2010).
So, again, the ITC claim construction will be provided deference while the district court will not. It probably makes some difference, but I don't know how significant in reality it is.