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Patents Clear Error Standard

Knobbe Martens

Ordered To Agree: Binding Settlement Agreement Provision Found Despite Absence of Singular, Executed Agreement

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PLASMACAM, INC. v. CNCELECTRONICS, LLC - Before Dyk, Reyna, and Newman, Appeal from the United States District Court for the Eastern District of Texas. Summary: Agreement to the definition of a term within settlement...more

Dechert LLP

Is Stricter Federal Circuit Review of IPR Factfinding on the Horizon?

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A panel of the Federal Circuit recently sounded off with something less than the usual deferential tone regarding review under the substantial evidence standard of factual findings on patentability made by the Patent Trial...more

Knobbe Martens

Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc.

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Federal Circuit Summary - Before Newman, Dyk, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: Pharmaceutical patents were obvious where the claims covered species of a...more

Knobbe Martens

Federal Circuit Review - May 2018

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Priority Claims Cannot Be Incorporated by Reference - In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Limited, Appeal Nos. 2016-2707 and 2016-2708, the Federal Circuit held that when a patent for a...more

Knobbe Martens

Stone Basket Innovations, LLC v. Cook Medical, LLC

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Federal Circuit Summaries - Before PROST, Wallach, and Taranto. Appeal from the Southern District of Indiana. Summary: In determining whether a party’s actions were “exceptional” under Octane Fitness, the District...more

Knobbe Martens

Zeroclick, LLC v. Apple Inc.

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Federal Circuit Summaries - Before Reyna, Taranto, and Hughes. Appeal from the Northern District of California. Summary: Failure to use the word “means” creates a rebuttable presumption that the term is not a...more

WilmerHale

Binding Claim Construction Rulings Pre- Teva Vs. Post -Teva

WilmerHale on

In Teva Pharmaceuticals USA Inc. v. Sandoz Inc., the U.S. Supreme Court held that clear error review applies to factual determinations underlying district court claim constructions. There has been much discussion about the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2015: #6 to #10

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

McDermott Will & Emery

Teva Review Standard Controls Lighting Ballast on Remand - Lighting Ballast Control LLC v. Philips Electronics North America Corp.

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In yet another post-Teva claim construction case (see discussion of Teva v. Sandoz, Shire Development v. Watson Pharmaceuticals, Kaneka Corp. v. Xiamen Kingdomway Grp. and TomTom, Inc. v. Adolph cases (this edition) the U.S....more

McDermott Will & Emery

Expert Testimony Not Always a Guarantee for Appellate Review with Deference - Shire Development v. Watson Pharmaceuticals; Teva...

McDermott Will & Emery on

Addressing the impact of expert testimony used during claim construction, the U.S. Court of Appeals for the Federal Circuit in a case remanded by the U.S. Supreme Court, following its January 5, 2015 decision in Teva...more

Knobbe Martens

Federal Circuit Review | July 2015

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Nunc Pro Tunc Assignments Insufficient To Confer Retroactive Standing - In ALPS SOUTH, LLC v. OHIO WILLOW WOOD CO., Appeal Nos. 2013-1452, 2013-1488, 2014-1147, and 2014-1426, the Federal Circuit reversed the denial of a...more

Patterson Belknap Webb & Tyler LLP

First Round of Post-Teva Claim Construction Decisions: Business as Usual?

In its January 2015 decision, Teva Pharms. USA, Inc. v. Sandoz, Inc., the Supreme Court held that the ultimate construction of a patent claim term is a question of law, subject to de novo appellate review, but that the...more

JAMS

IP Dispute Resolution Review Newsletter, Spring 2015

JAMS on

In This Issue: - The New “Clear Error” Standard of Review in Patent Infringement Mediation - Trademark Trial Appeal Board Decisions Now Have Preclusive Effect - Engaging Panelists for Neutral Analysis Provides...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - May 2015 #2

SUPREME COURT CASES - U.S. Supreme Court Remands Case to Federal Circuit to Review Patent Under Teva - On April 20, 2015, the U.S. Supreme Court remanded a case back to the U.S. Court of Appeal for the Federal...more

McDermott Will & Emery

The “Totality of the Specification” Can Override a District Court’s Factual Findings - Enzo Biochem Inc. v. Applera Corp.

Giving little deference to the district court’s factual findings, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s claim construction in a long-running dispute relating to a patent for labeled and...more

Robins Kaplan LLP

Teva Pharms USA, Inc. v. Sandoz, Inc.

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Case Name: Teva Pharms USA, Inc. v. Sandoz, Inc., No. 10-13-854, 135 S. Ct. 831 (Mar. 20, 2012) (Breyer, J. delivered opinion of the Court, in which Roberts, C.J., and Scalia, Kennedy, Ginsburg, Sotomayor, and Kagan, JJ.,...more

K&L Gates LLP

Where Do We Go from Here? Teva’s Impact on IPR and District Court Practice

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The recent Supreme Court case of Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. held that, although the ultimate issue of claim construction is a legal question subject to de novo review, underlying factual determinations...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2015

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Copyrighting Player-Generated Content in Video Games - Last year, consumers spent more than $21 billion on the video game industry. The Entertainment Software Association reports that almost 60% of Americans—roughly...more

Dickinson Wright

Intellectual Property Legal News: Volume 2, Number 1

Dickinson Wright on

TEVA PHARMACEUTICALS: IS IT TIME TO RETHINK HOW YOU WILL ARGUE CLAIM CONSTRUCTION? The United States Supreme Court decided in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. that the Federal Circuit must review all...more

McDermott Will & Emery

Federal Circuit Confines De Novo Claim Construction Review by Limiting Consideration to Intrinsic Evidence - In re Papst Licensing...

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Addressing for the first time the issue of claim construction since the U.S. Supreme Court’s recent decision in Teva, the U.S. Court of Appeals for the Federal Circuit applied a de novo standard of review, giving no deference...more

Winstead PC

Standard of Review for Claim Construction on Appeal

Winstead PC on

On January 20, 2015, the Supreme Court provided guidance on the standard of review for claim construction on appeal in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 12-854. The Court held “[w]hen reviewing a district...more

Knobbe Martens

Federal Circuit Review - February 2015

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More Deference to District Courts in Claim Construction - In TEVA PHARMACEUTICALS USA, INC. v. SANDOZ, INC., No. 13-854, the Supreme Court held that factual findings underpinning claim construction rulings are reviewed...more

Brownstein Hyatt Farber Schreck

Claim Construction Deconstructed—Another Layer of Diverging Standards

The America Invents Act (AIA) implemented post-grant proceedings at the Patent Trial and Appeal Board (PTAB) as an alternative to litigation at district courts in the federal circuit. Since its institution, much focus has...more

McDermott Will & Emery

Supreme Court: Claim Construction Is Subject to Hybrid Review - Teva Pharmaceuticals USA v. Sandoz, Inc.

In a 7–2 decision penned by Justice Breyer, the Supreme Court of the United States overturned the de novo standard as the sole standard of review issues arising in claim construction. Teva Pharmaceuticals USA v. Sandoz,...more

K&L Gates LLP

Teva and Its Potential Impact on Patent Litigation

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The Supreme Court recently handed down its 7-2 opinion in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. The case involved a Federal Circuit review of a district court’s determination that Teva’s patent claims were not...more

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