The Court of Appeals for the Federal Circuit was established in 1982 with a mandate to bring uniformity to patent law. In service of that goal, the Federal Circuit ruled in 1998, and reaffirmed in an en banc decision last year, that a central issue in patent litigation, claim construction — the interpretation of the meaning of terms in patent claims — is a question of law, to be reviewed without deference on appeal.
But on January 20, in Teva Pharmaceuticals USA v. Sandoz, the U.S. Supreme Court reversed the Federal Circuit and significantly modified that rule, holding that factual findings made by a trial court during claim construction must be reviewed deferentially on appeal, not on a de novo basis.
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