Supreme Court and Patents: Teva Pharmaceuticals USA, Inc. v Sandoz, Inc.

Intellectual Property Practice Group Courthouse Steps Teleforum January 30, 01:00 PMFederalist Society Teleforum Conference Call

On January 20. 2015, the Supreme Court issued its decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. The question in the case was the level of deference the U.S. Court of Appeals for the Federal Circuit must give to a trial court’s interpretation of patent claims.

In an opinion delivered by Justice Breyer, the Court altered the long-standing practice of the Federal Circuit to review patent claim constructions de novo, holding that a trial court’s resolution of “subsidiary factual matters” made while interpreting patent claims must be reviewed for clear error. The ultimate interpretation of the claim terms, however, remains subject to de novo review.

  • Prof. Kristen Osenga, University of Richmond School of Law

Keystone XL in the Nebraska Supreme Court - Podcast

Environmental Law & Property Rights Practice Group Podcast
Katie Spohn, J. Tyler Ward January 29, 2015

On January 9, 2015, the Nebraska Supreme Court held that the law dictating the potential path of the Keystone XL pipeline through the state was not unconstitutional. President Obama previously cited the pending lawsuit as a reason to delay making an approval decision on the controversial pipeline project. Nebraska’s former Deputy Attorney General Katie Spohn argued the case, and she joined a Teleforum conference call to discuss the decision and potential upcoming Keystone XL litigation.

  • Katie Spohn, Partner, Bruning Law Group, LLC
  • Moderator: J. Tyler Ward II, Member, Environmental Law & Property Rights Practice Group Executive Committee