High Court Appears Split On Claim Construction Deference

Law360, New York (October 15, 2014, 7:01 PM EDT) -- The U.S. Supreme Court appeared divided Wednesday over whether the Federal Circuit should give more deference to claim construction decisions by lower courts, with some justices saying trial judges are best suited to interpret patents and others expressing concern that increased deference would complicate patent cases.

The high court heard oral arguments in an appeal by Teva Pharmaceuticals USA Inc., which is challenging the Federal Circuit's practice of reviewing all claim construction decisions afresh. After a lower court found Teva's patents on the multiple sclerosis drug Copaxone valid, the appeals court partly backed generics makers Sandoz Inc. and Mylan Inc. and...

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