Perspective
Feb. 4, 2015
The next generation of patent claim construction
The Supreme Court's decision in Teva Pharmaceuticals v. Sandoz restores the fundamental juridical principle that appellate courts defer to trial court's factual determinations unless "clearly erroneous." By Peter S. Menell
Nearly two decades ago, the U.S. Supreme Court sought to promote more effective, transparent patent litigation through its ruling in Markman v. Westview Instruments that "the construction of a patent, including terms of art within its claim, is exclusively within the province of the court." In so doing, the court removed interpretation of patent claims from the black box of jury deliberations by holding that the Seventh Amendme...
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