High Court Must Fix Claim Construction Rule Now, Teva Says

Law360, New York (February 28, 2014, 9:19 PM EST) -- Teva Pharmaceuticals USA Inc. urged the U.S. Supreme Court on Wednesday to hear its case over the standard of review for claim construction rulings, saying it would give the justices a chance to immediately overturn last month's "incorrect" Federal Circuit ruling on the same issue.

In a 6-4 en banc decision on Feb. 21, the Federal Circuit refused to end its longstanding practice of reviewing all claim construction rulings afresh on appeal. Teva, which filed a cert petition in January asking the high court to hold...
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