Re-Evaluating Claim Construction and Markman Strategies in Wake of Teva v. Sandoz

Details for Dr. Tully’s presentation are as follows:

Thursday, October 1 – 9:00-10:00 a.m. CT

Re-Evaluating Claim Construction and Markman Strategies in Wake of Teva v. Sandoz

On January 20, 2015, the Supreme Court issued its iconoclast decision in Teva v, Sandoz, which established a new standard of review for claim construction. In this case which arose from an obscure issue concerning molecular weight in a Paragraph IV scenario, the Court held that a deferential standard of review should be applied to findings of fact in a claim construction matter. The Court also held that the de novo standard still applied to all other components of claim construction that were of a non-factual nature.

In this session our panelists will discuss how this case has impacted claim construction and Markman strategies in Paragraph IV Disputes.

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  Analysis of Teva and the Court’s ruling with respect to de novo review vs. deferential review
  
  
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  Reassessing claim drafting in view of the Teva decision – clarity of claims in view of written description and enablement requirements
  
  
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  Predicting how the Court’s decision will impact Markman strategies in Paragraph IV challenges
  
  
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  Re-evaluating the use of witnesses in a Markman hearing in view of Teva

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