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Expert Analysis

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....

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