High Court Claim Construction Ruling Set To Spur New Fights

Law360, New York (January 20, 2015, 8:43 PM EST) -- The U.S. Supreme Court's decision Tuesday that a district court's factual findings during claim construction are entitled to deference on appeal will make it tougher to get many patent decisions overturned, but it will likely cause new battles over what constitutes factual evidence, attorneys say.

In a 7-2 decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc., the justices discarded the Federal Circuit's long-standing rule that all aspects of claim construction must be reviewed afresh on appeal, and they held that if a judge makes factual determinations when interpreting a patent, those findings are entitled to deference.

The high court ruled...

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