March 31, 2014
Today, the U.S. Supreme Court granted a writ of certiorari in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. On the heels of the recent en banc Lighting Ballast decision from the Federal Circuit, the Court granted certiorari to answer the question of what standard of review should apply to a district court’s factual finding in support of its construction of a patent claim term. Specifically, the Court will determine whether such factual determinations should be reviewed under the de novo standard of review or instead under the “clear error” standard.
In the Lighting Ballast case, a petition for certiorari is due later this spring. Should such a petition be filed, the Court would have the opportunity to weigh in as well on the overall standard of review for claim construction.
Fitch Even attorneys are monitoring these cases at the Court and will report in one or more future alerts.
Fitch Even IP Alert®