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Justin E. Gray

IP Litigation Attorney at Foley & Lardner LLP

Former Adjunct Professor at Northwestern University School of Law

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Monday
Mar312014

Cybor Watch: Supreme Court to Consider De Novo Appellate Review for Claim Construction

Teva Pharms. USA, Inc. v. Sandoz, Inc. (No. 13-854)

Today, the Supreme Court granted certiorari in this case, where the petitioner has challenged the Federal Circuit's de novo review standard for claim construction.  The question presented by the petition is:

Whether a district court's factual finding in support of its construction of a patent claim term may be reviewed de novo, as the Federal Circuit requires (and as the panel explicitly did in this case), or only for clear error, as Rule 52(a) requires.