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Expert Analysis

Teva May Impact Strategy For PTAB Trials And Appeals

Law360, New York (February 13, 2015, 9:16 AM EST) -- The U.S. Supreme Court recently held that the Federal Circuit must apply a "clear error" standard of review, not de novo, when reviewing a district court's subsidiary factual findings related to claim construction. Teva Pharmaceuticals USA Inc. v. Sandoz Inc., 135 S.Ct. 831 (2015). Now, for example, when a district court resolves a dispute between experts and makes findings about technical issues relevant to understanding a claim term, the Federal Circuit should not disturb those findings on appeal unless they are clearly erroneous....

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