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On October 15, 2014, the Supreme Court heard oral argument in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. This case concerns whether a district court’s factual finding in support of its construction of a patent claim term may be reviewed de novo, as the Federal Circuit requires (and as the panel explicitly did in this case), or only for clear error, as Federal Rule of Civil Procedure 52(a) requires. 

To discuss the case, we have Prof. Kristen Osenga, who is a Professor of Law at the University of Richmond School of Law. 

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