A recent court decision suggests that it may be even easier to invalidate patent claims via a relatively quick proceeding before the U.S. Patent and Trademark Office (“PTO”) – known as inter partes review (“IPR”) – as...more
The Federal Circuit’s high rate of reversal of district court claim constructions is well documented. The de novo standard of review applied by the Federal Circuit to all aspects of claim construction has played a large part...more
1/22/2015
/ Claim Construction ,
Clear Error Standard ,
De Novo Standard of Review ,
Federal Rules of Civil Procedure ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
SCOTUS ,
Teva v Sandoz