Practice Considerations Post Teva v. Sandoz
- Daniel E. Yonan and Jon E. Boljesic
- Sterne, Kessler, Goldstein & Fox
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 district court level are subject to a clear error standard of review as opposed to a de novo standard.
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