Fed. Circ.'s Claim Construction Rule At Stake In Teva Case
By Brian Mahoney
Law360, Washington (March 31, 2014, 8:22 PM EDT) -- In taking Teva Pharmaceuticals USA Inc.’s appeal of a ruling invalidating patents covering its multiple sclerosis drug Copaxone, the U.S. Supreme Court could dramatically alter how the Federal Circuit reviews claim construction findings, experts say, with some expecting a decision that will lead to a more deferential standard of review — and fewer Federal Circuit appeals.
The Supreme Court on Monday granted writ of certiorari in Teva v. Sandoz Inc. et al., agreeing to review a July ruling by the Federal Circuit that paved the way...