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Expert Analysis

How High Court Teva Ruling Will Affect Patent Litigants

Law360, New York (January 21, 2015, 2:17 PM EST) -- In a 7-2 decision issued on Jan. 20, 2015, the U.S. Supreme Court, in Teva Pharmaceuticals USA Inc. v. Sandoz Inc., held that the Federal Circuit must review factual findings underlying claim construction for clear error, pursuant to Federal Rule of Civil Procedure 52(a)(6). In so ruling, the Supreme Court rejected the Federal Circuit's en banc holdings in Cybor Corp. v. FAS Techs. Inc., 138 F.3d 1448 (Fed. Cir. 1998), and Lighting Ballast Control LLC v. Philips Elecs. N. Am. Corp., 744 F.3d 1272 (Fed. Cir. 2014), which had required de novo appellate review for all aspects of the Markman process....

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