Tuesday, October 14, 2014

US Supreme Court - Teva v. Sandoz - Standard of Review for Claim Construction

Some believe the next major patent case to be decided by the US Supreme Court is Teva v. Sandoz, which will address the standard of review for claim construction. Although the case deals with other issues such as claim indefiniteness, how the US Supreme Court handles the Federal Circuit's practice of de novo review of claims may be quite important, because US patent cases often turn on claim construction, which is considered to be a legal question despite the fact findings.

For details on Teva v. Sandoz see Mr. Lyle Denniston's SCOTUSblog article: Argument preview: Trimming a specialized court's power?

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