Practice Considerations Post Teva v. Sandoz

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854, slip op. 574 U.S. __ (2015), the U.S. Supreme Court ruled that underlying factual issues resolved while formally construing a disputed patent claim term at the district court level are subject to a clear error standard of review as opposed to a de novo standard.

This alert, authored by Daniel E. Yonan and Jon E. Boljesic, discusses the Supreme Court’s decision and explains the significance of the Teva holding on patent prosecution and enforcement.

To read the full alert, download the attached PDF.