ARE Patent Law Alert:
U.S. Supreme Court Holds That Claim Construction Is A Question Of Law But Underlying Factual Questions Are Subject To Clear Error Review
On January 20, 2015, the U.S. Supreme Court in Teva Pharms. USA, Inc. v. Sandoz, Inc., No. 13-854, vacated and remanded the Federal Circuit’s judgment related to the meaning of the term “molecular weight” in the patent-at-issue. The Supreme Court upheld its previous holding in Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996) that […]
US Supreme Court Relaxes Standards for Awarding Attorney Fees Under 35 USC 285 In Patent Suits
Octane Fitness, LLC v ICON Health & Fitness, Inc, 134 S Ct 1749 (US 2014) and Highmark Inc v Allcare Health Mgmt Sys, 134 S Ct 1744 (US 2014) Abstract On 29 April 2014 the US Supreme Court issued two companion decisions which overturned the long-standing jurisprudence of the US Court of Appeals for the […]