In a major patent infringement decision, the U.S. Supreme Court has limited the U.S. Court of Appeals for the Federal Circuit’s ability to second-guess trial courts when making crucial claims construction decisions.
The high court’s 7-2 decision in Teva Pharmaceuticals USA. v. Sandoz finds that the appellate court charged with hearing the nation’s patent infringement cases can no longer use a “de novo” review standard when assessing the factual determinations a trial judge makes when determining the key words in patent claim. Instead, the Federal Circuit can only review such fact-based rulings under a “clear error” standard.
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