Lawyers Weigh In On High Court Claim Construction Ruling
Law360, New York (January 20, 2015, 6:02 PM EST) -- The U.S. Supreme Court on Tuesday cast aside the Federal Circuit's long-standing rule that all district court claim construction rulings must be reviewed anew on appeal. Here, attorneys tell Law360 why the decision in Teva Pharmaceuticals v. Sandoz is significant.
Bill Atkins, Pillsbury Winthrop Shaw Pittman LLP
"The Teva decision is a ground shift, but not a true earthquake. The district court has now been given deference on factual issues while much of claim construction remains a matter of law. Markman proceedings just became even more important and more expensive, as the strategic question will be whether to use an expert...
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