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Supreme Court overhauls Federal Circuit’s standard of claim construction review

Michael Loney, New York

The US Supreme Court in its Teva Pharmaceuticals USA v Sandoz ruling has outlined a new rule for the Federal Circuit when reviewing the underlying facts in a district court’s claim construction. One observer described it as “a ground shift, but not a true earthquake”

The Supreme Court in Teva Pharmaceuticals USA v Sandoz has ruled that the Federal Circuit must show more deference to district courts when reviewing the underlying facts underpinning claims construction rulings. It reversed the Federal Circuit’s judgment in the case...

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