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Expert Analysis

Fed. Circ. Applies Teva Deference In 2 Types Of Cases

By Richard Zhang (May 16, 2018, 1:53 PM EDT) -- Over three years have now passed since the U.S. Supreme Court's decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. changed the standard of review for factual findings made in the course of claim construction.[1] The court, of course, after some 20 years of contrary Federal Circuit practice and precedent, held that courts must now review such fact determinations not under the de novo standard generally applicable to claim construction, but under the deferential "clear error" standard pursuant to Federal Rule of Civil Procedure 52(a).[2]...

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