David Skeels and his client Lighting Ballast Control are like a lot of patent litigators and litigants: They want the hard-fought claims-construction rulings they win in federal trial courts to stand a better chance of surviving appeal.
So, they’ve mounted an attack on Cybor Corp v. FAS Technologies Inc., a seminal 15-year-old decision from the U.S. Court of Appeals for the Federal Circuit. Cybor allows the appellate court to review claims-constructions rulings de novo. Nearly a dozen amici have written briefs in support.
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