The Federal Circuit has long reviewed all claim construction orders “de novo” – without any deference to factual issues underlying the district court’s decision.  Today, the Supreme Court overturned that longstanding precedent, ruling that findings of fact made as part of a claim construction order should be reviewed for clear error. Teva Pharmaceuticals USA Inc., et […]

Last week, the Supreme Court held arguments in the closely watched case of Teva v. Sandoz.  Teva won at the district court level based on claim construction arguments.  The Federal Circuit reversed, affording no deference to the district courts factual findings underlying claim construction.  In March, the Supreme Court granted certiorari to answer one lone […]