One of the characteristics of patent infringement litigation in the aftermath of the Supreme Court's decision in Markman v. Westview Instruments, Inc. (holding that claim construction was a matter of law to be reviewed de...more
In Teva Pharmaceuticals USA Inc. v. Sandoz Inc., the U.S. Supreme Court held that clear error review applies to factual determinations underlying district court claim constructions. There has been much discussion about the...more