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On January 20, 2015, the U.S. Supreme Court issued its opinion in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. The Teva case alters the way the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) will review decisions concerning how patent claims should be construed and whether particular claims are invalid as “indefinite.”
While the ultimate issues of claim construction and indefiniteness will remain legal questions that get a fresh look on appeal, Teva requires that the Federal Circuit defer to the district court’s findings concerning subsidiary facts unless those findings were “clearly erroneous.” Until now, the Federal Circuit has taken a fresh look at even these subsidiary questions, such as whether a person skilled in the art would have understood certain claim terms as having particular meanings.
Teva is likely to impact patent litigation both substantively and procedurally. The substantive changes may take time to develop, whereas certain procedural shifts (e.g., increased reliance on expert witnesses for claim construction) could emerge quickly. (more…)
The Supreme Court of the United States (SCOTUS) and the US Court of Appeals for the Federal Circuit (CAFC) have had a busy month as far as intellectual property cases are concerned. Today on IPcopy we have a handy overview courtesy of Wolf, Greenfield & Sacks, P.C. of what’s been baking the noodle of SCOTUS and CAFC recently. So in reverse date order here we go…. (more…)
Today on IPcopy we have a guest post from Maia H. Harris, Mark James FitzGerald, Ph.D., and Shayne Y. Huff, Ph.D of Nixon Peabody LLP on the recent Nautilus v. Biosig Instruments decision in the Supreme Court of the United States. Over to Maia, Mark and Shayne:
The United States Supreme Court Announced A New Standard For “Indefinite” Patent Claims, But It May Be Closer To The Same Old Thing
While critically important, claim construction has only infrequently received serious attention from the highest US Court. Let’s face it – claim construction is not exactly exciting. Maybe that’s why we were all so excited here in the US on Monday, when the Supreme Court issued a decision in Nautilus v. Biosig Instruments in which it set out a purportedly new standard for determining when a claim has met the US Patent Act’s requirement that a claim be clearly defined. The trouble is that we may have to wait a while before we figure out what that standard actually means. (more…)
Following on from last year’s guest posts from Suleman Ali of Holly IP and K2 about top 10 points from UK Court Decisions and top 10 points from EPO case law in 2013 we now have Suleman’s post regarding developments in the US in 2013. This post was originally posted on the Holly IP blog and is reproduced with the permission of the author.
These points are from a talk held at CIPA on 27 November 2013 given to UK Patent Attorneys. (more…)