April 2014

Looking Ahead

On March 31, 2014, the U.S. Supreme Court granted certiorari in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854, concerning the Federal Circuit’s application of the de novo standard when reviewing a district court’s claim construction.  Fed. R. Civ. P. 52(a)(6) states that the district court’s “[f]indings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court’s opportunity to judge the witnesses’ credibility.”  In the present instance, the district court rejected the argument that the disputed term was insolubly ambiguous, construed the term, and held that the claims were not indefinite.  On appeal, the Federal Circuit, applying the de novo standard of review, found that the claims were indefinite and reversed the district court’s finding.  The issue before the Supreme Court, as presented by the petitioners, is whether a district court’s factual finding in support of its construction of a patent claim term may be reviewed de novo, as required by the Federal Circuit, or only for clear error, as required by Rule 52(a).

The Supreme Court is expected to hear oral argument on the case during the October 2014 term.