U.S. Supreme Court,
Intellectual Property
Jan. 24, 2015
More deference, more evidence
Despite the attention paid to the U.S. Supreme Court's recent decision in Teva v. Sandoz, there's an argument that it will barely make a ripple in the sea of patent law. By Alexandra Moss
The U.S. Supreme Court's Markman decision reshaped patent litigation by crystallizing claim construction as a legal question separate from the factual question of infringement. Before and after Markman, the U.S. Court of Appeals for the Federal Circuit reviewed claim constructions de novo. Tuesday, in Teva Pharmaceuticals USA Inc. v. Sandoz Inc., 2015 DJDAR 741, the Supreme Court held that claim construction may involve subsidiary factual findings and that those find...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In