News & Analysis as of

Patents Patent Litigation Teva v Sandoz

A&O Shearman

Dutch District Court rules on the plausibility standard on the merits (apixaban)

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In this note, we will discuss the latest decisions on the merits from the Dutch patent court on the matter of plausibility and inventive step. These were handed down in two cases (BMS v Sandoz and BMS v Teva) on 30 October...more

McDonnell Boehnen Hulbert & Berghoff LLP

Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2023)

Proper construction of claim limitations reciting the chemical property of pH (which denotes the concentration of hydrogen ions in a solution as an indication of acidity) has arisen several times in district court and Federal...more

Fox Rothschild LLP

Chief Judge Stark Enters Markman Ruling Construing Eight Terms In Dispute In Patent-In-Suit

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By Memorandum Opinion and Order entered by The Honorable Leonard P. Stark in Enzo Life Sciences, Inc. v. Hologic Inc. et al., Civil Action No. 16-894-LPS-CJB (D.Del. October 15, 2018), the Court entered its Markman ruling...more

K&L Gates LLP

Practical Implications from the Federal Circuit’s Rare en Banc Reversal in Apple v. Samsung

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In a precedential opinion issued en banc on Friday, October 7, 2016, the Federal Circuit overturned a panel decision, affirming and reinstating the district court’s judgment and the jury’s verdict. The majority opinion...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

Foley & Lardner LLP

Court Finds Dow Claims Clearly Indefinite

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In Dow Chemical Co. v. Nova Chemicals Corp., the Federal Circuit held claims reciting a limitation that could be calculated in several ways indefinite where the patent claims, specification, and prosecution history failed to...more

Foley & Lardner LLP

Nautilus Standard Sinks Dow Patents

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Dow Chemical Company (“Dow”) lost a ruling that competitor NOVA Chemical Corporation and NOVA Chemicals Inc. (collectively “NOVA”) infringed claims of two Dow patents when the Federal Circuit applied the U.S. Supreme Court’s...more

McDermott Will & Emery

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

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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

Robins Kaplan LLP

Shire Development, LLC v. Watson Pharms., Inc.

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Case Name: Shire Development, LLC v. Watson Pharms., Inc., 787 F.3d 1359 (Fed. Cir. June 3, 2015) (Circuit Judges Prost, Chen, and Hughes presiding; Opinion by Hughes, J.) (Appeal from S.D. Fla., Middlebrooks, J.) - Drug...more

Robins Kaplan LLP

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

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Case Name: Teva Pharms. USA, Inc., v. Sandoz, Inc., Fed. Cir. Nos. 2012-1567, -1568, -1569, -1570, 2015 U.S. App. LEXIS 10229 (Fed. Cir. June 18, 2015) (Circuit Judges Moore, Mayer, and Wallach presiding; Opinion by Moore,...more

McDonnell Boehnen Hulbert & Berghoff LLP

No Rehearing En Banc for In re Cuozzo Speed Technologies -- PTAB Update

Earlier this week, the Federal Circuit issued an order denying a petition for rehearing en banc in the In re Cuozzo Speed Technologies, LLC case. As we have previously reported, this case was the first appeal of the first...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Tackles Claim Construction Review under New Standard

The More Things Change (Lighting Ballast Control LLC v. Philips Electronics North America), the More They Stay the Same (Teva Pharmaceuticals USA, Inc. v. Sandoz Inc.) - On June 18, 2015, the Federal Circuit handed down...more

McDermott Will & Emery

Implementation of Teva’s Hybrid Review Claim Construction - CSR PLC v. Azure Networks, LLC

Addressing the issue of de novo versus differential claim construction review post-Teva, the Supreme Court of the United States remanded back to the U.S. Court of Appeals for the Federal Circuit a case where de novo review...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

Weintraub Tobin

Supreme Court: Patent Claim Construction – Two Standards Of Review

Weintraub Tobin on

The Supreme Court recently decided a patent case involving a significant procedural issue. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 135 S.Ct. 831 (1/20/15), the question before the Court was whether the Federal...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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Practice Considerations Post Teva v. Sandoz

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854, slip op. 574 U.S. __ (2015), the U.S. Supreme Court ruled that underlying factual issues resolved while formally construing a disputed patent claim term at the...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

Foley & Lardner LLP

Why Did the Supreme Court GVR the Shire Lialda Case?

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On January 26, 2015, the Supreme Court granted certiorari, vacated, and remanded Shire Development LLC v. Watson Pharmaceuticals, Inc., to the Federal Circuit “for further consideration in light of Teva Pharmaceuticals USA,...more

Williams Mullen

Supreme Court Cuts Out a Slice of the Federal Circuit’s De Novo Pie

Williams Mullen on

Recently, the Supreme Court changed the standard of review the Federal Circuit must use when reviewing district court claim construction decisions in patent cases. Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 574 U.S. ___...more

King & Spalding

The Supreme Court Clarifies the Standard for Reviewing Fact-finding in Claims Construction

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On January 20, 2015, the Supreme Court issued its long-awaited decision on the standard of review of factual findings by the trial court in construing patent claims. The Court ruled that factual findings in the context of...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Permits Appeal To Go Forward in LIBOR Antitrust Lawsuit

On January 21, 2015, the Supreme Court decided a narrow but important issue of appellate jurisdiction in cases that have been consolidated for pretrial proceedings by the Judicial Panel on Multidistrict Litigation. A...more

Farella Braun + Martel LLP

Teva Decision Will Be Felt in Future Patent Claim Construction Hearings

On January 20, 2015, the Supreme Court issued its opinion in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (Case No. 13-854), which changed the level of deference the Federal Circuit must show to district court claim...more

Sheppard Mullin Richter & Hampton LLP

Teva v. Sandoz (USSC) – Standard for Appellate Review of Claim Construction Rulings

On Jan. 20, 2015, the U.S. Supreme Court issued a decision setting forth a new standard for appellate review of a district court’s claim construction ruling.  Teva Pharmas. USA, Inc. v. Sandoz, Inc., No. 13-854, slip op., 574...more

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