Olddog--I don't think it would really have any effect because of the rules applicable to this type of appeal. Any time an agency determination is appealed, the agency defends its decision. Any legal rulings of the Commission like claims construction can be readily reversed by the Federal Circuit. Factual rulings, however, can only be reversed if the Federal Circuit were to find that there was no substantial evidence on the record to support the finding. This is rare. Infringement is usually a factual determination. However, since it is based on claims construction, which is a legal determination, if the Fed. Circuit were to reverse a finding of non-infringement because the Commission applied wrong claims construction, then it would go back to the ITC to reexamine the infringement issue based on the new claims construction. MO
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