De Novo Review Of Claim Construction: 5 Pros, 5 Cons

Law360, New York (January 16, 2015, 11:05 AM EST) -- The U.S. Supreme Court is expected any day to decide Teva Pharmaceuticals USA Inc. v. Sandoz Inc., a case presenting the issue of whether the claim construction rulings of a district court should be accorded any deference on appeal. This case has sparked a debate among patent litigators as to what the correct result should be, and whether almost 20 years of Federal Circuit and Supreme Court precedent should be upheld or rewritten.

The case involves Sandoz’s abbreviated new drug application relating to Teva’s multiple sclerosis drug Copaxone. The claims of the patents-in-suit described the drug’s active composition in terms of “average...

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