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...

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!