Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. - Post-Decision SCOTUScast
SCOTUScast 2-3-15 featuring Kristen Osenga
On January 20, 2015, the Supreme Court issued its decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. This case concerned whether a district court’s factual finding in support of its construction of a patent claim may be reviewed de novo--the standard applied by the Federal Circuit in this case--or must instead be reviewed only for clear error, in keeping with Federal Rule of Civil Procedure 52(a).
In an opinion delivered by Justice Breyer, the Court held by a vote of 7-2 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,” not a de novo, standard of review. The judgment of the United States Court of Appeals for the Federal Circuit was vacated and the case remanded for further proceedings
Justice Breyer’s opinion was joined by Chief Justice Roberts and Justices Scalia, Kennedy, Ginsburg, Sotomayor, and Kagan. Justice Thomas filed a dissenting opinion, which Justice Alito joined.
To discuss the case, we have Prof. Kristen Osenga, who is a Professor of Law at the University of Richmond School of Law.
[Return to the SCOTUScast menu]