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mouton29

08/21/14 2:36 PM

#12403 RE: biopearl #12402

Yes, what I wrote was completely backwards, disconnect between brain and fingers. The Federal Circuit applied a de novo review standard, and certainly one possibility is that the Supreme Court would decide that a "clear error" standard is appropriate. In that case, they would likely "reverse and remand" with instructions to the Federal Circuit to apply that standard. And there would almost surely be opportunity for briefs on the application of that standard by the parties.