Michael Padden recently published a summary and analysis of the Supreme Court’s new ruling in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc, entitled “Supreme Court Announces New Standard for Review of Claim Construction Rulings.” Under the Supreme Court’s decision, factual determinations made as part of a claim construction ruling will be reviewed under a deferential “clear error” standard, rather than the stricter “de novo” standard that the Federal Circuit had applied. His analysis is published in the News & Developments page of the ABA Section of Litigation.
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