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David R. Cross quoted in article “Top Court’s Denial Won’t Be Last Word On Claim Construction”


The court's decision not to hear the case was disappointing but not surprising, said David Cross of Quarles & Brady LLP.

"I do think we need to have the Federal Circuit give deference in at least some cases, if not many or all cases, to claim construction decisions by thoughtful, thorough trial court judges," he said.

Nevertheless, the decision was largely expected, he said, because the U.S. government had urged the court in November not to hear the case, saying it was not the appropriate vehicle to address the issue.

Originally published in Law360, January 8, 2013