Patent claim construction takes center stage, as usual

Is the Federal Circuit correct to review a district court’s claim construction without any deference to a district court’s findings of fact?

This fall, the Supreme Court will hear argument in Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. relating to generic versions of Teva’s multiple sclerosis drug, Copaxone®. This case deserves close attention for its potential to affect interpretation and enforcement of patent rights, patent litigation strategies, and ultimately, patent value.

Teva v. Sandoz involves a long-debated issue in patent law: whether the Federal Circuit is correct to review a district court’s claim construction without any deference to a district court’s findings of fact.

Contributing Author

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Matthew McFarlane

Matthew McFarlane is a trial attorney at Robins, Kaplan, Miller & Ciresi L.L.P. who represents clients in a variety of intellectual property matters....

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