This paper commences with a consideration of current reform legislation that is a reaction to Cybor Corp. v. FAS Techs., Inc. and a high claim construction reversal rate. The problem may be traced to the notorious Federal Circuit opinion in Cybor. A surprisingly widely supported proposal for interlocutory claim construction appeals that had been pushed in the 110th Congress has been reformulated in a new version now pending in the Senate.
Wegner, Harold C.
"Interlocutory Claim Construction Appeals: A Better Legislative Solution,"
Akron Intellectual Property Journal: Vol. 3
, Article 1.
Available at: https://ideaexchange.uakron.edu/akronintellectualproperty/vol3/iss2/1