Standards of Review

Just so we're clear, here are the standards of review of the Federal Circuit. Law school students who are reading, this is very important for your appellate briefs. If I've missed something, please leave a comment and I'll edit.

De Novo

Statutory interpretation
Claim interpretation
Contract interpretation
Pretrial stipulation interpretation
Grant of summary judgment
Denial of a motion for JMOL
On sale bar -- question of law, reviewed de novo, based on underlying facts, reviewed for clear error
Obviousness -- question of law, reviewed de novo, based on underlying facts, reviewed for clear error.

Clear Error

Factual findings in bench trials.
Infringement
Validity
Inequitable conduct
Exceptional nature of a case
All issues with factual components
Section 112 requirements

Substantial Evidence

Factual findings in jury trials
PTO fact-finding

Abuse of Discretion

Grant or denial of preliminary injunction
Exclusion of evidence
Denial of a motion for new trial
Denial of motion for JNOV/JMOL