The US Supreme Court redefines the standard of appellate review for claim construction (Teva)

On January 20, 2015, the United States Supreme Court redefined the standard of appellate review for claim construction. In Teva Pharm. USA, Inc. v. Sandoz, Inc., [1] the Supreme Court vacated well-established Federal Circuit precedent that applied de novo review to all aspects of claim construction. The Supreme Court remanded the case with instructions to apply the "clearly erroneous" standard when reviewing factual underpinnings in claim construction. While it is still too early to assess the impact of this ruling, the Supreme Court’s holding in Teva is significant because claim construction is, in most cases, critical in patent litigation. Background Nearly two decades ago, in

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  • White & Case (Palo Alto)
  • White & Case (Palo Alto)

Quotation

Bijal V. Vakil, Cale Tolbert, The US Supreme Court redefines the standard of appellate review for claim construction (Teva), 20 January 2015, e-Competitions January 2015, Art. N° 72611

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