Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.: The Supreme Court Resolves the Claim Construction Standard of Review Debate

Fitzpatrick Case Update
January 20, 2015

On January 20th, 2015 the Supreme Court of the United States in a 7-2 decision overturned the Federal Circuit’s de novo standard of review for claim construction decisions, holding “[w]hen 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 ‘clear error,’ not a de novo, standard of review.”

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