Kinney & Lange Blog Supreme Court Clarifies Standard of Review for Claim Construction

■ Nicholas J. Peterka In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 574 U.S. ___, No. 13-854 (2015), the Supreme Court held that the Federal Circuit must apply the clearly erroneous standard when reviewing a district court's resolution of subsidiary factual matters made during the court's patent claim construction. At dispute was the meaning of the term "molecular weight." Each party presented extrinsic evidence in the form of expert testimony and, relying on patent owner Teva's expert, the district court determined that "molecular weight" was not indefinite. Sandoz appealed the claim construction to the Federal Circuit, which reviewed de novo...Read MoreThe post Supreme Court Clarifies Standard of Review for Claim Construction appeared first on IP Law Blog | Kinney & Lange Intellectual Property Law Firm.