January 20, 2015
Today, in Teva Pharmaceutical USA, Inc., et al. v. Sandoz, Inc. et al., the Supreme Court issued a long-awaited opinion that changes the standard of appellate review for a trial court’s decision regarding construction of a patent claim. Since at least 1996, the U.S. Court of Appeals for the Federal Circuit has reviewed such claim construction decisions de novo, giving no deference to the trial court’s ruling. The Supreme Court today ruled that when reviewing a district court’s resolution of subsidiary factual matters made in the course of its construction of a patent claim, the Federal Circuit must apply a “clear error,” rather than a de novo, standard of review.

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