Teva Pharms. USA, Inc. v. Sandoz, Inc.
When reviewing a district court’s findings of subsidiary factual matters made in the course of it construction of a patent claim, the Federal Circuit must apply a “clear err,” not a de novo, standard of review.
When reviewing a district court’s findings of subsidiary factual matters made in the course of it construction of a patent claim, the Federal Circuit must apply a “clear err,” not a de novo, standard of review.
A district court’s claim construction will be reviewed de novo at the Court of Appeals for the Federal Circuit.
The Federal Circuit finds that for claims not reciting the term ‘means,’ there is a strong presumption that Section 112, sixth paragraph is not to be applied when construing the claims.
The B.P.A.I. finds that an appellant is entitled to de novo review only of issues specifically challenged by the appellant. Further, such review does not give deference to an examiner’s positions.