Three years on from Teva, where are we now?

摘要

In the wake of the US Supreme Court's 2015 landmark decision, Teva Pharms. USA, Inc. v. Sandoz, Inc. (Teva), there was uncertainty about how often the US Court of Appeals for the Federal Circuit ('Federal Circuit') would review district court claim construction determinations for 'clear error'. Prior to Teva, the Federal Circuit reviewed all aspects of claim construction de novo, without deference to the district courts determination. Teva changed that by requiring the Federal Circuit to review findings of fact premised on extrinsic evidence for 'clear error', limiting de novo review to questions of law - such as the ultimate construction of a claim term based on the intrinsic evidence. Three years after Teva, the Federal Circuit still reviews many district court claim construction determinations de novo. Although the Federal Circuit, as directed by Teva, now reviews fact findings based on extrinsic evidence for clear error, the court has been careful not to overuse clear error review.