Although Markman assigned claim construction to the trial judge, it did not expressly state
whether factual findings subsumed in that issue are subject to de novo review (as normally would be the case for legal rulings) or to review for «clear error» (as normally would apply to judicial fact findings).
[I
find the questions about the advertisement interesting, because there are no questions about
whether it provides sufficient scientific and
factual information, and
whether the references are clear (actually, it does not give any references).
The court remanded the case,
finding that
factual findings were needed on
whether Griffin was given the opportunity to disclose that he was carrying the knife, and, if so,
whether he did so truthfully.
But the Court remained sensitive to its subsidiary role in fact -
finding — noting
whether the methods are sufficiently reliable on scientific grounds is a
factual assessment issue and should be reserved to national courts (para. 58).
Whether it was possible to prove by evidence that a form WP / PP, which could not be found, had, in fact, been executed in a manner complying with HFEA 2008, Pt 2 and whether, if that was permissible, and the finding was made, the fact that the form could not be found prevented it being a valid consent, as involving a breach by the clinic of its record - keeping obligations — this was a factual question, the court had to be satisfied the form (which was lost) had been signed before tre
Whether it was possible to prove by evidence that a form WP / PP, which could not be
found, had, in fact, been executed in a manner complying with HFEA 2008, Pt 2 and
whether, if that was permissible, and the finding was made, the fact that the form could not be found prevented it being a valid consent, as involving a breach by the clinic of its record - keeping obligations — this was a factual question, the court had to be satisfied the form (which was lost) had been signed before tre
whether, if that was permissible, and the
finding was made, the fact that the form could not be
found prevented it being a valid consent, as involving a breach by the clinic of its record - keeping obligations — this was a
factual question, the court had to be satisfied the form (which was lost) had been signed before treatment.