On January 20, the U.S. Supreme Court, in Teva Pharmaceuticals USA, Inc. v. Sandoz, rejected the de novo review standard applied by the U.S. Court of Appeals for the Federal Circuit when reviewing all claim construction...more
1/22/2015
/ Claim Construction ,
Clear Error Standard ,
De Novo Standard of Review ,
Intellectual Property Litigation ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Prescription Drugs ,
SCOTUS ,
Standard of Review ,
Teva Pharmaceuticals ,
Teva v Sandoz
On May 13, 2013, a unanimous U.S. Supreme Court held in Monsan to v. Bowman that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds for planting and harvesting without the patent holder's...more
Patent infringement arises when one “makes, uses, offers to sell, or sells” a patented invention without authority from the patent holder. However, once the first authorized sale of the patented product has occurred, the...more