On April 21, 2016, Philadelphia partner Dan Monaco spoke at the 32nd Annual Joint Patent Practice CLE Seminar, discussing the impact of a Supreme Court decision on Teva Pharms. USA, Inc. v. Sandoz, Inc. 2015.
The Supreme Court held that appellate reviews of fact findings made in the course of patent claim construction in patent infringement litigation are subject to Fed. R. Civ. P. 52(a)(6), and must not be set aside unless clearly erroneous. This impacts how litigants will approach claim construction in district court. Extrinsic evidence is now more important and could help “appeal proof” a claim construction reached by a district court. Patent infringement litigants may thus want to “lock in” the clear error review standard by reliance on extrinsic evidence, including expert testimony, during the claim construction phase in district court.