High Court Could Make It Harder To Reverse Patent Rulings

By Ryan Davis (October 10, 2014, 2:31 PM EDT) -- The U.S. Supreme Court will hear arguments Wednesday in a case that could reshape patent litigation by requiring the Federal Circuit to give deference to district court claim construction rulings, a move attorneys say would make it more difficult to get patent decisions reversed on appeal.

The Federal Circuit currently reviews all claim construction rulings afresh, leading to many patent decisions being reversed, but the high court agreed in March to hear an appeal by Teva Pharmaceuticals USA Inc., which argues that the district courts often make factual findings during claim construction that are entitled to deference on appeal.

The justices...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!