It may not be looking like a blockbuster term for patent cases at the U.S. Supreme Court, but the intellectual property bar will be watching closely Wednesday when the justices hear Teva Pharmaceuticals USA v. Sandoz. The case could set a precedent requiring the U.S. Court of Appeals for the Federal Circuit to defer to district court claim construction rulings, a move that would shift power from the Federal Circuit and could make it more difficult for lawyers to get patent decisions reversed on appeal.
Claim construction, the interpretation of claims made for a patent, is often a decisive issue in patent litigation. The Federal Circuit currently reverses a large number of district court claim construction rulings.
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