Claim Construction in Prior Appeal Binding Despite Intervening Reissue: Federal Circuit | Practical Law
In ArcelorMittal France v. AK Steel Corp., the US Court of Appeals for the Federal Circuit affirmed the district court's grant of summary judgment invalidating 23 claims of the reissue patent in suit but reversed its invalidation of two additional claims. The Federal Circuit held that the district court properly applied the law of the case doctrine and mandate rule in invalidating the 23 claims.