Patent Claim Construction and Distrust
4 Pages Posted: 28 Nov 2014
Date Written: November 26, 2014
This commentary discusses the Supreme Court oral argument in Teva Pharmaceuticals USA v. Sandoz, a case addressing the scope of appellate review of claim construction. The Teva case poses a fundamental question going to the heart of the American justice system. Should factual determinations underlying patent claim construction be subject to substantially less deference (or more distrust) than the factual determinations made in every other area of federal adjudication? The commentary contends that traditional notions of deference enhance the quality of claim constructions, produce a more capacious and transparent appellate record, and provide the appropriate appellate safeguard.
Keywords: Claim Construction, Patent Case Management
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