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.
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