The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that Messrs. Sewell’s and Ng’s recent, featured publication, “A ‘Generic’ Victory for Specific Fact-Findings”, appears in this week’s IPFrontline newsletter (see hyperlink below).
On January 20, 2015, the U.S. Supreme Court issued a 7-2 decision holding that the Federal Circuit must apply a “clear error” standard of review when assessing a district court’s ruling on the validity of a patent. See Teva Pharm. USA, Inc. v. Sandoz, Inc., No. 13-854, 574 U.S. ___ (Jan. 20, 2015). The Supreme Court makes clear that the Federal Circuit must apply a “clear error,” not a de novo, standard when reviewing a district court’s conclusions of subsidiary factual findings made during claim construction proceedings. The decision will send the case back to the U.S. Court of Appeals for the Federal Circuit for further review allowing Teva Pharmaceuticals Industries Ltd. (Teva) to continue its sales of Copaxone without competition from generic drugmakers.
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