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Public Law and Legal Theory Commons

Open Access. Powered by Scholars. Published by Universities.®

2018

Jurisprudence

Series

Claim Constriction

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Teva And The Process Of Claim Construction, Lee Petherbridge Ph.D., R. Polk Wagner Jan 2018

Teva And The Process Of Claim Construction, Lee Petherbridge Ph.D., R. Polk Wagner

Faculty Scholarship at Penn Law

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court addressed an oft-discussed jurisprudential disconnect between itself and the U.S. Court of Appeals for the Federal Circuit: whether patent claim construction was “legal” or “factual” in nature, and how much deference is due to district court decisionmaking in this area. In this Article, we closely examine the Teva opinion and situate it within modern claim construction jurisprudence. Our thesis is that the Teva holding is likely to have only very modest effects on the incidence of deference to district court claim construction but that for unexpected reasons the ...