Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.
| Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. | |
|---|---|
 F.3d 1335 (Fed. Cir. 2015) | |
| Holding | |
| When reviewing a district court’s resolution of subsidiary factual matters made in the course of its construction of a patent claim, the Federal Circuit must apply a "clear error," not a de novo, standard of review. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Breyer, joined by Roberts, Scalia, Kennedy, Ginsburg, Sotomayor, Kagan |
| Dissent | Thomas, joined by Alito |
| Laws applied | |
| F.R.C.P. 52(a)(6) | |
Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 574 U.S. 318 (2015),
Facts and procedural history
The case originated in the
molecular weight of a component of the drug, should be interpreted to have. The district court judge held that the claim term was definite, and that a "person of ordinary skill in the art" would interpret the term "molecular weight" to mean the "peak average molecular weight", that is, the weight of the molecule most prevalent in the mixture.[4] In doing so, the judge relied in part on expert witness
testimony.
Sandoz appealed to the Federal Circuit, which reviewed the claim under a 'de novo' standard, decided that the claim term was fatally indefinite, and hence that the patent was invalid.[5]
Teva appealed to the US Supreme Court and won.
References
- ^ a b Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854, 574 U.S. 318 (2015).
- ^ a b Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., SCOTUSblog (last visited July 4, 2018).
- ^ a b Lyle Denniston, New dispute over Copaxone patent, SCOTUSblog (January 26, 2015).
- S.D.N.Y.2011).
- Fed. Cir.2013).
External links
- Text of Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 574 U.S. 318 (2015) is available from: CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion) (archived)