Summary Affirmance Does Not Preclude Party from Re-litigating Claim Construction Issues: Federal Circuit | Practical Law
On October 2, 2013, the US Court of Appeals for the Federal Circuit reversed-in-part and remanded a district court's judgment of no infringement, finding that the patent owner could raise claim construction arguments that were presented, but not necessarily decided, in an earlier appeal in which the court summarily affirmed a judgment of no infringement under Federal Circuit Rule 36.