Supreme Court and Patents: Teva Pharmaceuticals USA, Inc. v Sandoz, Inc. - Podcast
Intellectual Property Practice Group Podcast
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On January 20. 2015, the Supreme Court issued its decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. The question in the case was the level of deference the U.S. Court of Appeals for the Federal Circuit must give to a trial court’s interpretation of patent claims.
In an opinion delivered by Justice Breyer, the Court altered the long-standing practice of the Federal Circuit to review patent claim constructions de novo, holding that a trial court’s resolution of “subsidiary factual matters” made while interpreting patent claims must be reviewed for clear error. The ultimate interpretation of the claim terms, however, remains subject to de novo review.
- Prof. Kristen Osenga, University of Richmond School of Law