Posts in Intellectual Property.
This past week, the United States Supreme Court made District Courts’ decisions relevant again as they relate to the field of patent cases. The law that had developed out of the Federal Circuit related to Markman heairngs (hearings regarding claim construction/scope of the patent) held that the standard of review on Markman hearings was de novo. This was the law, even if the basis of the District Court’s ruling was founded on evidence presented by witnesses. Under the Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. decision, where the claim construction was based on evidentiary underpinnings, those factual disputes are now to be reviewed under a “clear error” standard.
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