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WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: January 2025

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This month’s cases involve a cert petition to the U.S. Supreme Court on the extraterritorial application of the federal Defend Trade Secrets Act, a matter of first impression before the Court of Federal Claims, and a reminder...more

Robinson & Cole LLP

Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member...

Robinson & Cole LLP on

I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more

K&L Gates LLP

Teva and Its Potential Impact on Patent Litigation

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The Supreme Court recently handed down its 7-2 opinion in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. The case involved a Federal Circuit review of a district court’s determination that Teva’s patent claims were not...more

Robinson & Cole LLP

Supreme Court Starts 2015 Off with Focus on Facts Shaping Intellectual Property Disputes

Robinson & Cole LLP on

The U.S. Supreme Court kicked 2015 off with an intellectual property bang, issuing two important rulings earlier this week. Both decisions focus on the facts underpinning intellectual property disputes—who decides them and...more

Foley & Lardner LLP

U.S. Supreme Court Modifies Federal Circuit's Standard of Review for Claim Construction in Teva v. Sandoz

Foley & Lardner LLP on

On January 20, 2015, resolving a long debated issue, the U.S. Supreme Court set aside the Federal Circuit’s de novo review of every aspect of a lower court’s claim construction decision, rejecting that form of review where...more

McCarter & English, LLP

Supreme Court Refines the Federal Circuit’s Standard of Review for Claim Construction

The Federal Circuit’s high rate of reversal of district court claim constructions is well documented. The de novo standard of review applied by the Federal Circuit to all aspects of claim construction has played a large part...more

Bond Schoeneck & King PLLC

Is The Supreme Court’s Teva V. Sandoz Decision A “Game Changer” In Patent Cases?

On January 20, 2015, the U.S. Supreme Court issued a decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. holding that “clear error,” not “de novo,” is the correct standard of appellate review for underlying factual...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court Mandates a Clear Error Standard of Review for Factual Findings Underlying Claim Construction"

In a 7-2 decision issued on January 20, 2015, the U.S. Supreme Court, in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., held that the Federal Circuit must review factual findings underlying claim construction for clear...more

Polsinelli

Breaking: Supreme Court Rules on Appellate Review Standard for Patent Claim Construction

Polsinelli on

Today, in Teva Pharmaceutical USA, Inc., et al. v. Sandoz, Inc. et al., the Supreme Court issued a long-awaited opinion that changes the standard of appellate review for a trial court's decision regarding construction of a...more

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